HomeMy WebLinkAboutRes 2014-12-07 Administration Consulting Firm for CDBG N0. 7214349 Project.pdfCITY OF ANNA, TEXAS
RESOLUTION NO. 2014-12-07
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANNA, TEXAS CONFIRMING THE
SELECTION OF THE ADMINISTRATION CONSULTING FIRM NEEDED TO COMPLETE THE
SEWER IMPROVEMENTS TO BE COMPLETED IN THE 2014 TEXAS COMMUNITY
DEVELOPMENT BLOCK GRANT PROGRAM PROJECT.
WHEREAS; the Anna City Council ("City Council") desires to develop a viable community,
including decent housing, a suitable living environment, and 'expanding economic
opportunities, principally for persons of low to moderate income; and,
WHEREAS; the City of Anna has submitted an application for and received an award of grant
funds from the Texas Department of Agriculture relating to the City's 2013/2014 TxCDBG
application; and,
WHEREAS; the City of Anna ("City") has satisfactorily completed the professional procurement
process; and
WHEREAS; the City Council now desires to engage the services of a qualified administrative
consulting firm to provide administrative services related to the sewer improvements to be
completed in the 2014 Texas Community Development Block Grant Program ("TxCDBG")
project.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ANNA,
TEXAS, THAT:
That the procurement of administrative services has been completed through the
Request for Proposals selection process and that Lawrence & Associates has been
selected to provide administrative services for the activities to be completed in this
2014 TxCDBG project.
PASSED AND APPROVED by the City Council of the City of Anna, Texas, on this day the 9th
day of December, 2014.
ATTEST:
Mike Crist MayorNa a Wilkison Cit Secretary
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PART I — AGREEMENT
AGREEMENT FOR PROFESSIONAL SERVICES
CITY OF ANNA AND LAWRENCE & ASSOCIATES
THIS AGREEMENT, entered into this �441 day of cem b ('✓ 2014, by and between the
CITY OF ANNA, hereinafter called the "City", acting herein by S2n61,-"-5
1
hereunto duly authorized, and LAWRENCE & ASSOCIATES hereinafter called "Firm", acting herein by
Jessica Kaltenbach.
WITNESSETH THAT:
WHEREAS, the City of Anna desires to implement a sewer improvements project under the general
direction of the Texas Community Development Block Grant Program; and
WHEREAS, the City desires to engage Lawrence & Associates to render certain services in connection
with a sewer project through the Community Development Block Grant Program.
NOW THEREFORE, the parties do mutually agree as follows:
1. Scope of Services
Part II, Scope of Services, is hereby incorporated by reference into this Agreement.
2. Time of Performance — The services of the Firm shall commence upon the date of final signature of
this Agreement. In any event, all services required and performed hereunder shall be completed no
later than the formal letter of project completion from the Texas Department of Agriculture.
1. Access to Information — It is agreed that all information, data, reports and records and maps as are
existing, available and necessary for the carrying out of the work outlined above shall be furnished to
the Firm by the City and its agencies. No charge will be made to the Firm for such information and the
City and its agencies will cooperate with the Firm in every way possible to facilitate the performance
of the work described in this Agreement.
2. Compensation and Method of Payment — The maximum amount of compensation and
reimbursement for administrative costs to be paid hereunder shall not exceed $35,000. Payment to the
Firm shall be based on satisfactory completion of identified milestones in Part III — Payment Schedule
of this Agreement.
Additional Services - Any additional services desired by the City and not associated with the general
services described in Part II shall be billed at Fifty Dollars ($50.00) per hour, which includes travel and
clerical costs, unless a formal addendum indicating otherwise has been executed by both parties.
3. Indemnification — The Firm shall comply with the requirements of all applicable laws, rules and
regulations, and shall exonerate, indemnify, and hold harmless the City and its agency members from
and against them, and shall assume full responsibility for payments of Federal, State and local taxes on
contributions imposed or required under the Social Security, worker's compensation and income tax
laws.
4. Miscellaneous Provisions
a. This Agreement shall be construed under and accord with the laws of the State of Texas, and all
obligations of the parties created hereunder are performable in�ounty, Texas.
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Page 1 of 11
b. This Agreement shall be binding upon and insure to the benefit of the parties hereto and their
respective heirs, executors, administrators, legal representatives, successors and assigns where
permitted by this Agreement.
c. In any case one or more of the provisions contained in the Agreement shall for any reason be held to be
invalid, illegal or unenforceable in any respect, such invalidity, illegality, or unenforceability shall not
affect any other provision thereof and this Agreement shall not be construed as if such invalid, illegal, or
unenforceable provision had never been contained herein.
d. If any action at law or in equity is necessary to enforce or interpret the terms of this Agreement, the
prevailing party shall be entitled to reasonable attorney's fees, costs, and necessary disbursements in
addition to any other relief to which such party may be entitled.
e. This Agreement may be amended by mutual agreement of the parties hereto and a writing to be attached to
an incorporated into this Agreement.
5. Terms and Conditions – This Agreement is subject to the provisions titled, Part IV Terms and Conditions and
attached hereto and incorporated by reference herein.
IN WITNESSETH HEREOF, the parties have hereunto set their hands and seals.
ACCEPTED, APPROVED, EXECUTED, and ENTERED into this agreement by the authorized parties as signed below
on this -T—day of r, 2011.
CITY O NNA
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ATTEST
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4C*YCW,ecretary
LAWRENCE & ASSOCIATES
sica E. Kalten a , President
PART H — SCOPE OF SERVICES
The Firm shall provide the following scope of services:
Project Management
1. Develop a recordkeeping system consistent with program guidelines, including the establishment of a
filing system.
2. Maintenance of filing system.
3. Provide general advice and technical assistance to City personnel on implementation of project and
regulatory matters.
4. Assist in the procurement of professional services.
5. Furnish City with necessary forms and procedures required for implementation of project
6. Assist the City in meeting all special condition requirements that may be stipulated in the contract
between the City and TDA.
7. Prepare and submit to the TDA documentation necessary for amending the TXCDBG contract, as
needed.
8. Conduct assessment for environmental clearance for all project activities.
9. Prepare and submit quarterly reports (progress and minority hiring).
10. Prepare Recipient Disclosure Report form for City signature and submittal.
11. Establish procedures to document expenditures associated with local administration of the project.
12. Serve as liaison for the City during any monitoring visit by staff representatives from either TDA
or HUD.
Financial Management
1. Assist the City in proving its ability to manage the grant funds to the state's audit division.
2. Assist the City in establishing and maintaining a bank account (Direct Deposit account) and/or
separate local bank account, journals and ledgers.
3. Assist the City in submitting the required Accounting System Certification letter, Direct Deposit
Authorization Form (if applicable), and/or Depository/Authorized Signatory form to TDA.
4. Prepare all fund drawdowns on behalf of the City in order to ensure orderly, timely payments to all
contracting parties within the allotted time period.
5. Review invoices received for payment and file back-up documentation.
6. Provide general advice and technical assistance to the City personnel on implementation or project
and regulatory matters.
7. Assist the City in establishing procedures to handle the use of any TXCDBG program income.
Environmental Review
1. Prepare environmental assessment.
2. Coordinate environmental clearance procedures with other federal or state agencies and interested
parties responsible for implementing applicable laws.
3. Document consideration of any public comments.
4. Prepare any required re -assessment of environmental assessment.
5. Ensure compliance with EO 11988 for projects in the flood plains.
6. Prepare Request for Release of Funds and certifications to be sent to TDA
Construction Management
1. Establish procedures to document expenditures associated with local construction of the
project (if force account is applicable).
• Assist City in determining whether and/or what TXCDBG contract activities will be
carried out in whole or in part view force account labor.
• Assist City in determining whether or not it will be necessary to hire temporary
employees to specifically cavy out TXCDBG activities.
• Assist City in maintaining adequate documentation of personnel, equipment and
materials expended/used and their costs.
2. Assist City in documenting compliance with all federal and state requirements related to
equal employment opportunity.
3. Verify construction contractor eligibility with TDA.
4. Review construction contract relative to requirements of the CDBG program.
5. Conduct pre -construction conference and prepare minutes.
6. Issue Notice of Start of Construction to TDA.
7. Process and submit change orders to TDA prior to execution.
8. Obtain Certification of Construction Completion/Final Wage Compliance Report and submit
to TDA.
9. Provide general advice and technical assistance to the City personnel on implementation of
project and regulatory matters.
Fair Housing/Equal Opportunity
1. Assist the City in developing, implementing and documenting new activities to affirmatively
further fair housing activities during the contract period.
2. Maintain documentation of all project beneficiaries by ethnicity and gender.
3. Prepare Section 3 and Affirmative Action Plan.
4. Prepare all Section 504 requirements.
5. Provide all applicable equal opportunity provisions and certifications for inclusion in bid
packet.
Audit/Closeout Procedures
1. Prepare the final Project Completion Report, including Minority Business Report, Recipient
Disclosure/Update Report, and documentation of fair housing activities and Certificate of
Completion.
2. Assist City in resolving any monitoring and audit findings.
3. Provide auditor with TXCDBG audit guidelines.
PART III - PAYMENT SCHEDULE
LAWRENCE & ASSOCIATES will provide administrative services as outlined in the Scope of Services
for a fee of Thirty-five Thousand Dollars ($35,000), per the following schedule.
TOTAL
$35,000 100%
The above fees will be invoiced to the city on a percentage of completion basis and shall be due and
payable within thirty days upon the city's receipt of an invoice from LAWRENCE & ASSOCIATES.
Service
Fee
Percent
(1)
Program Management
including record keeping assistance
$7,000
20%
(2)
Financial Management
$7,000
20%
(3)
Environmental Review
$7,000
20%
(3)
Bid Management
$5,250
15%
(4)
Labor Standards & Equal Opportunity
$5,250
15%
(5)
Monitoring & Close Out (Final) Reports
$3,500
10%
TOTAL
$35,000 100%
The above fees will be invoiced to the city on a percentage of completion basis and shall be due and
payable within thirty days upon the city's receipt of an invoice from LAWRENCE & ASSOCIATES.
PART IV — TERMS AND CONDITIONS
Termination of Contract for Cause — If, through any cause, LAWRENCE & ASSOCIATES shall
fail to fulfill in a timely and proper manner the obligations under this Contract, or if LAWRENCE
& ASSOCIATES shall violate any of the covenants, agreements, or stipulations of this Contract,
the City shall thereupon have the right to terminate this Contract by giving written notice to
LAWRENCE & ASSOCIATES of such termination and specifying the effective date thereof, at
least ten days before the effective date of such termination. In such event, all finished or
unfinished documents, data, studies, surveys, drawings, maps, models, photographs and reports
prepared by LAWRENCE & ASSOCIATES under this Contract shall, at the option of the City,
become its property and LAWRENCE & ASSOCIATES shall be entitled to receive just and
equitable compensation for any work satisfactorily completed hereunder.
Notwithstanding the above, LAWRENCE & ASSOCIATES shall not be relieved of liability to the
City for damages sustained by the City by virtue of any breach of the Contract by LAWRENCE &
ASSOCIATES, and the City may withhold any payments to LAWRENCE & ASSOCIATES for
the purpose of set-off until such time as the exact amount of damages due the City from
LAWRENCE & ASSOCIATES is determined.
2. Termination for Convenience of the City — The City may terminate this Contract at any time by
giving at least 10 days notice in writing to LAWRENCE & ASSOCIATES. If the Contract is
terminated by the City as provided herein, LAWRENCE & ASSOCIATES will be paid for the
time provided and expenses incurred up to the termination date. If this Contract is terminated due
to the fault of LAWRENCE & ASSOCIATES, Paragraph 1 hereof relative to termination shall
apply.
Changes — The City may, from time to time, request changes in the scope of the services of
LAWRENCE & ASSOCIATES to be performed hereunder. Such changes, including any increase
or decrease in the amount of LAWRENCE & ASSOCIATES's compensation, which are mutually
agreed upon by and between the City and LAWRENCE & ASSOCIATES, shall be incorporated
in written amendments to this Contract.
4. Personnel
(a) LAWRENCE & ASSOCIATES represents that the firm has, or will secure at his own
expense, all personnel required in performing the services under this Contract. Such
personnel shall not be employees of or have any contractual relationship with the City.
(b) All of the services required hereunder will be performed by LAWRENCE &
ASSOCIATES or under the firm's supervision and all personnel engaged in the work
shall be fully qualified and shall be authorized or permitted under State and Local law to
perform such services.
(c) None of the work or services covered by this Contract shall be subcontracted without the
prior written approval of the City. Any work or services subcontracted hereunder shall
be specified by written contract or agreement and shall be subject to each provision of
this Contract.
Assignability — LAWRENCE & ASSOCIATES shall not assign any interest on this Contract
and shall not transfer any interest in the same (whether by assignment or novation), without the
prior written consent of the City thereto: Provided, however, that claims for money by
LAWRENCE & ASSOCIATES from the City under this Contract may be assigned to a batik, trust
company, or other financial institution without such approval. Written notice of any such
assignment or transfer shall be furnished promptly to the City.
6. Reports and Information — LAWRENCE & ASSOCIATES, at such times and in such forms as
the City may require, shall furnish the City such periodic reports as it may request pertaining to
the work or services undertaken pursuant to this Contract, the costs and obligations incurred or to
be incurred in connection therewith, and any other matters covered by this Contract.
Records and Audits — LAWRENCE & ASSOCIATES shall maintain accounts and records,
including personnel, property and financial records, adequate to identify and account for all costs
pertaining to the Contract and such other records as may be deemed necessary by the City to
assure proper accounting for all project funds, both Federal and non -Federal shares. These records
will be made available for audit purposes to the City or any authorized representative, and will be
retained for three (3) years after the expiration of this Contract unless permission to destroy them
is granted by the City.
8. Findings Confidential — All of the reports, information, data, etc., prepared or assembled by
LAWRENCE & ASSOCIATES under this contract are confidential and LAWRENCE &
ASSOCIATES agrees that they shall not be made available to any individual or organization
without the prior written approval of the City.
Copyright — No report, maps, or other documents produced in whole or in part under this
Contract shall be the subject of an application for copyright by or on behalf of LAWRENCE &
ASSOCIATES.
10. Compliance with Local Laws — LAWRENCE & ASSOCIATES shall comply with all applicable
laws, ordinances and codes of the State and local governments, and LAWRENCE &
ASSOCIATES shall save the City harmless with respect to any damages arising from any tort
done in performing any of the work embraced by this Contract.
11. Equal Employment Opportunity — During the performance of this Contract, LAWRENCE &
ASSOCIATES agrees as follows:
(a) LAWRENCE & ASSOCIATES will not discriminate against any employee or applicant
for employment because of race, creed, sex, color or national origin. LAWRENCE &
ASSOCIATES will take affirmative action to ensure that applicants are employed, and
that employees are treated during employment, without regard to their race, creed, sex,
color, religion, ethnicity or national origin. Such action shall include but not be limited to
the following: employment, upgrading, promotion, or transfer; recruitment or
recruitment advertising; layoff or termination; rates of pay or other forms of
compensation; and selection for training, including apprenticeship. LAWRENCE &
ASSOCIATES agrees to post in conspicuous places, available to employees and
applicants for employment, notices to be provided by the City setting forth the provisions
of this non-discrimination clause.
(b) LAWRENCE & ASSOCIATES will, in all solicitation or advertisements for employees
placed by or on behalf of LAWRENCE & ASSOCIATES, state that all qualified
applicants will receive consideration for employment without regard to race, creed, color,
sex, handicap, or national original.
(c) LAWRENCE & ASSOCIATES will cause the foregoing provisions to be inserted in all
subcontracts for any work covered by this Contract so that such provisions will be
binding upon each subcontractor, provided that the foregoing provisions shall not apply
to contracts or subcontracts for standard commercial supplies or raw materials.
(d) LAWRENCE & ASSOCIATES will include the provisions of the paragraphs (a) through
(c) in every subcontract or purchase order unless exempted
12. Civil Rights Act of 1964 — Under Title VI of the Civil Rights Act of 1964, no person shall, on
the grounds of race, color, or national origin, be excluded from participation in, be denied the
benefits of, or be subjected to discrimination under any program or activity receiving Federal
financial assistance.
13. Section 109 of the Housing and Community Development Act of 1974 — No person in the
United States shall on the ground of race, color, national origin, or sex be excluded from
participation in, be denied the benefits of, or be subjected to discrimination under any program or
activity funded in whole or in part with funds made available under this title.
14. "Section 3" Compliance in the Provision of Training, Employment and Business Opportunities
(a) The work to be performed under this contract is on a project assisted under a program
providing direct Federal financial assistance from the Department of Housing and Urban
Development and is subject to the requirements of Section 3 of the Housing and Urban
Development Act of 1968, as amended, 12 U.S.C. 1701u. Section 3 requires that to the
greatest extent feasible opportunities for training and employment be given lower income
residents of the project area and contracts for work in connection with the project be
awarded to business concerns which are located in, or owned in substantial part by
persons residing in the area of the project.
(b) The parties to this contract will comply with the provisions of said Section 3 and the
regulations issued pursuant thereto by the Secretary of Housing and Urban Development
set forth in 24 C.F.R. 235, and all applicable rules and orders of the Department issued
thereunder prior to the execution of this Contract. The parties to this Contract certify and
agree that they are under no contractual or other disability which would prevent them
from complying with these requirements.
(c) LAWRENCE & ASSOCIATES will send to each labor organization or representative of
workers with which he/she has a collective bargaining agreement or other contract or
understanding, if any, a notice advising the said labor organization or workers'
representative of his/her commitments under this Section 3 clause and shall post copies of
the notice in conspicuous places available to employees and applicants for employment
or training.
(d) LAWRENCE & ASSOCIATES will include this Section 3 clause in every subcontract
for work in connection with the project and will, at the direction of the applicant for or
recipient of Federal financial assistance, take appropriate action pursuant to the
subcontract upon a finding that the subcontractor is in violation of regulations issued by
the Secretary of Housing and Urban Development, 24 C.F.R. Part 135. LAWRENCE &
ASSOCIATES will not subcontract with any subcontractor where it has notice or
knowledge that the latter has been found in violation of regulations under 24 C.F.R. Part
135 and will not let any subcontract unless the subcontractor has first provided it with a
preliminary statement of ability to comply with the requirements of these regulations.
(e) Compliance with the provisions of Section 3, the regulations set forth in 24 C.F.R. Part
135, and all applicable rules and orders of the Department issued hereunder prior to the
execution of the contact, shall be a condition of the federal financial assistance provided
to the project, binding upon the applicant or recipient for such assistance, its successors
and assigns. Failure to fulfill these requirements shall subject the applicant or recipient,
its contractors and subcontractors, its successors and assigns to those sanctions specified
by the grant or loan agreement or contract through which federal assistance is provided,
and to such sanctions as are specified by 24 C.F.R. Part 135.
15. Section 503 Handicapped (if $2,500 or Over) Affirmative Action for Handicapped Workers.
(a) LAWRENCE & ASSOCIATES will not discriminate against any employee or applicant
for employment because of physical or mental handicap in regard to any position for
which the employee or applicant for employment is qualified. LAWRENCE &
ASSOCIATES agrees to take affirmative action to employ, advance in employment and
otherwise treat qualified handicapped individuals without discrimination based upon their
physical or mental handicap in all employment practices such as the following: ,
demotion or transfer, recruitment, advertising, layoff or termination, rates of pay or other
forms of compensation, and selection for training, including apprenticeship.
(b) LAWRENCE & ASSOCIATES agrees to comply with the rules, regulations, and
relevant orders of the Secretary of Labor issued pursuant to the Act.
(c) In the event of LAWRENCE & ASSOCIATES's non-compliance with the requirements
of this clause, actions for non-compliance may be taken in accordance with the rules,
regulations, and relevant orders of the Secretary of Labor issued pursuant to the Act.
(d) LAWRENCE & ASSOCIATES agrees to post in conspicuous places, available to
employees and applicants for employment, notices in a form to be prescribed by the
Director, provided by or through the contracting officer. Such notices shall state
LAWRENCE & ASSOCIATES's obligation under the law to take affirmative action to
employ and advance in employment qualified handicapped employees and applicants for
employment, and the rights of applicants and employees.
(e) LAWRENCE & ASSOCIATES will notify each labor union or representative of workers
with which it has a collective bargaining agreement or other contract understanding, that
the contractor is bound by the terms of Section 503 of the Rehabilitation Act of 1973, and
is committed to take affirmative action to employ and advance in employment physically
and mentally handicapped individuals.
(f) LAWRENCE & ASSOCIATES will include the provisions of this clause in every
subcontract or purchase order of $2,500 or more unless exempted by rules, regulation, or
orders of the Secretary issued pursuant to Section 503 of the Act, so that such provisions
will be binding upon each subcontractor with respect to any subcontract or purchase
order as the Director of the Office of Federal Contract Compliance Programs may direct
to enforce such provisions, including action for non-compliance.
16. Interest of Members of a City — No member of the governing body of the City and no other
officer, employee, or agent of the City who exercises any functions or responsibilities in
connection with the planning and carrying out of the program, shall have any personal financial
interest, direct or indirect, in this Contract; and LAWRENCE & ASSOCIATES shall take
appropriate steps to assure compliance.
17. Interest of Other Local Public Officials — No member of the governing body of the locality and
no other public official of such locality, who exercises any functions or responsibilities in
connection with the planning and carrying out of the program, shall have any personal financial
interest, direct or indirect, in this Contract; and LAWRENCE & ASSOCIATES shall take
appropriate steps to assure compliance.
18. Interest of Consultant and Employees — LAWRENCE & ASSOCIATES covenants that the firm
presently has no interest and shall not acquire interest, direct or indirect, in the study area or any
parcels therein or any other interest which would conflict in any manner or degree with the
performance of his/her services hereunder. LAWRENCE & ASSOCIATES further covenants that
in the performance of this Contract, no person having any such interest shall be employed.
PART V - GENERAL COVENANTS
The following general covenant provisions shall be considered as a part of the agreement for professional
services as if set forth fully therein. The contracting parties are hereafter referred to as the "City" and
"LAWRENCE & ASSOCIATES:"
1. Time of Performance — The services of LAWRENCE & ASSOCIATES shall commence on the date that
the agreement for professional services is adopted by the City. All of the services required and performed
shall be completed no later than the TXCDBG contract termination date, unless said date is formally
extended.
2. Access to Information — It is agreed that all information, data, reports, records, and maps as are existing,
available, and necessary for the carrying out the project shall be furnished to LAWRENCE &
ASSOCIATES by the City and its agencies. No charge will be made to LAWRENCE & ASSOCIATES
for such information and the City and its agencies will cooperate with LAWRENCE & ASSOCIATES in
every way possible to facilitate the performance of the work described in the contract.
3. Indemnification — LAWRENCE & ASSOCIATES shall comply with the requirements of all applicable
laws, rules and regulations, and shall exonerate, indemnify and hold harmless the City and its agency
members from and against them, and shall assume full responsibility for payments of federal, state and
local taxes on contributions imposed or required under the social security, workers' compensation and
income tax laws.
4. Miscellaneous Provisions
(a) This agreement shall be construed under and accord with the laws of the State of Texas, and all
obligations of the parties created hereunder are performable in Texas.
(b) This agreement shall be binding upon and ensure to the benefit of the parties hereto and their
respective heirs, executors, administrators, legal representatives, successors and assigns where
permitted by this agreement.
(c) In case one or more of the provisions contained in this agreement shall for any reason be held to
be invalid, illegal or unenforceable in any respect, such invalidity, illegality or unenforceability
shall not affect any other provision thereof.
(d) If any action at law or in equity is necessary to enforce or interpret the terms of this agreement, the
prevailing party shall be entitled to reasonable attorney's fees, costs and necessary disbursements
in addition to any other relief to which such party may be entitled.
(e) This agreement may be amended by mutual agreement of the parties hereto and a writing to be
attached to and incorporated unto this agreement.
(f) The City agrees to timely provide such information as may be requested by LAWRENCE &
ASSOCIATES for the project, hold meetings as needed, to publish such notices as may be
required, and to provide any other needed information or action.
(g) The City shall forever hold LAWRENCE & ASSOCIATES or any of its officers, employees or
associates harmless of and from any claims, demands, suits, actions, causes of action, liability and
expenses, all of any kind or type whatsoever, including, but not limited to, attorney's fees and
expenses incurred in defense thereof, arising either directly or indirectly from LAWRENCE &
ASSOCIATES'S business association with City, excepting only a breach of this agreement by
LAWRENCE & ASSOCIATES. In no event shall LAWRENCE & ASSOCIATES'S liability
exceed the total amount of compensation paid to LAWRENCE & ASSOCIATES under the terms
of this agreement.
PART VI - CONTRACTOR LOCAL OPPORTUNITY PLAN
Lawrence & Associates agrees to implement the following specific affirmative action steps to increase the
utilization of business concerns located within its boundaries.
A. Identify eligible business concerns for TXCDBG assisted contracts through; the Chamber of
Commerce, the Urban League, local advertising media including public signage; project area
committees, citizen advisory boards; lists available through the local HUD program official;
regional planning agencies, and all other appropriate referral sources.
B. Maintain a list of eligible business concerns for utilization in TXCDBG funded procurements, to
insure that all appropriate project area business concerns are notified of pending contractual
opportunities, and to make available this list for general city procurement needs.
C. Require all bidders on contract to submit a written Local Opportunity Plan including utilization
goals and the specific steps planned to accomplish these goals.
D. Insure that contracts which are typically let on a negotiated rather than a bid basis in areas other
than the project area, are also let on a negotiated basis, whenever feasible, when let in the project
area.
E. Maintain records, including copies of correspondence, memoranda, etc., which document that all
of the above affirmative action steps have been taken.
F. Appoint or recruit an executive official of the city as Equal Opportunity Officer to coordinate the
implementation of this plan_
As officers and representatives of Lawrence & Associates, we the undersigned have read and fully agree to
this plan, and become a party to the full implementation of this program.
Jessica Kaltenbach
Date
Costs..Resolution of Program Non -Compliance and Disallowed
In the event of any diapuha, da/O0, qUe8ti0O, or disagreement arising from or na|akiOg to this
Contract, or the breach thereof, including determination of responsibility for any costs disallowed
as a ne8U/t of non-compliance with feder8/, state nrTxC[}BG program PeqUinernmDta. the parties
hereto shall use their best efforts to settle the d/opute, c/aiDl, question or disagreement. To this
effec(, the parties shall consult and negotiate with each other in good faith within 30 days of
receipt of a written notice of the dispute or invitation to negotiate, and attempt to reach a just
and equitable solution satisfactory to both parties, If the matter is not n*Gn|Ved by OegVba{/oO
within 30 days of receipt of written notice or invitation to OegoMote, the parties agree first to try in
good faith to settle the no8tt*[ by mediation administered by the American Arbitration
Association under its Commercial Mediation Procedures before resorting to arbitration, litigation,
orSomeother dispute resolution procedure. The parties may enter into awritten amendment to
this Contract and choose a mediator that is not affiliated with the American Arbitration
Association. The p8d|ee shall bear the costs of such mediation equally, If the matter is not
resolved through such mediation within OU days of the initiation of that procedure, either party
may proceed tofile suit.
ACCEPTED, APPROVED, EXECUTED, and ENTERED into this agreement by the authorized
parties assigned be|owonthin day of 2015�
|TYOF
LAWRENCE &A8S
'
i/hSAn^Nrc. CbManager "JessicaL�r
�President^- b�nh. P/�oar�
,
City Secretary
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