A_RFP2026-011 TDA-CDBG-CDV.pdf

Request for Proposal (RFP) for Administration/Professional Services Cover Letter

For Multiple Contracts

Date: October 8, 2026

Re: Proposed TxCDBG Funding for the Program Year(s) [2027 and 2028]

Dear Service Providers:

Attached is a copy of the County of San Patricio’s Request for Proposals for the Texas Community Development Block Grant (TxCDBG) Program application and grant-related services.

The County intends to award a contract for services for each of the following scopes of services:

Grant Opportunity Scope of Services Proposed Project 2027 Community Development Fund

Application Development Regional first priority projects (water or sewer improvements; housing rehabilitation)

2027 Community Development Fund

Grant Implementation Regional first priority projects (water or sewer improvements; housing rehabilitation)

2028 Community Development Fund (if offered by TDA)

Application Development Regional first priority projects (water or sewer improvements; housing rehabilitation)

2028 Community Development Fund (if offered by TDA)

Grant Implementation Regional first priority projects (water or sewer improvements; housing rehabilitation)

2027 Downtown Revitalization Program

Application Development Downtown sidewalk and related improvements

2027 Downtown Revitalization Program

Grant Implementation Downtown sidewalk and related improvements

2028 Downtown Revitalization Program

Application Development Downtown sidewalk and related improvements

2028 Downtown Revitalization Program

Grant Implementation Downtown sidewalk and related improvements

The submission requirements for this proposal are also included on the attached Request for Proposals (RFP) form. Firms and/or individuals should have past experience with federally funded programs.

Information and solicitation documents are available at the County’s designated procurement website:

www.sanpatriciocountytx.gov Departments > Purchasing > Bid Opportunities http://www.sanpatriciocountytx.gov/

Responses must be submitted in accordance with the applicable solicitation documents and clearly identify the solicitation number and title. Responses may be submitted electronically through the County’s official eBidding platform or by submitting one (1) original physical response and one (1) thumb drive to:

San Patricio County Procurement Specialist

RFP2026-011 TDA-CDBG-CDV

1301 E. Sinton Street Suite C Sinton, Texas 78387

The deadline for submission of proposals is October 19, 2026, 2p.m. CST. It is the responsibility of the submitting entity to ensure that the proposal is received in a timely manner. Proposals received after the deadline will not be considered for award, regardless of whether or not the delay was outside the control of the submitting provider. The County reserves the right to negotiate with any and all service providers submitting timely proposals.

The County is an Affirmative Action/Equal Opportunity Employer. All qualified applicants will receive consideration for employment or procurement selection without regard to race, color, religion, sex, age, disability, veteran status, or national origin. Section 3 Residents, Minority Business Enterprises, Small Business Enterprises, Women Business Enterprises, Veteran-Owned Business Enterprises, and Labor Surplus Area firms are encouraged to submit proposals.

Sincerely, Procurement Specialist Chesca Jennings

Request for Proposal (RFP) for TDA Colonia Administration

San Patricio County is seeking a well-qualified RFP for Administration services. The following outlines the RFP:

1. Scope of Work - The professional administration/management firm/consultant to be hired is to provide application and or contract-related management services to the County of San Patricio, including but not limited to the following areas:

• Project Management

• Financial Management

• Environmental Review

• Real Property Acquisition/ URA

• Construction Management

• Fair Housing/Equal Opportunity

• Housing rehabilitation/affordable housing (if applicable)

• Audit/Contract Close-out Assistance

Actual tasks to be performed under each of these categories are identified in SCOPE OF SERVICES on page 9-11.

Payment Schedule Part III page 12. Terms and Conditions Part IV is on page 13-18.

2. Submission requirements:

A. Statement of Qualifications (Attachment A) The County is seeking to contract with a competent professional administration/management firm/consultant with experience in grants/contracts administration. Specifically, it is seeking those consultant(s) or firm(s) with the following qualifications:

1. Related experience in managing federally funded local public works construction projects

2. Related Experience / Background with specific project type

3. Certified Administrator of TxCDBG Program by TDA

4. Consultant/Firm is not debarred or suspended from the Excluded Parties List System (EPLS) in the System for Award Management (SAM) www.Sam.gov .

B. Proposed Cost of Services (Attachment B.) Please provide your cost proposal to accomplish the scope of work by category outlined above and for any additional activities required. The proposed budget must include all costs that are necessary to successfully complete this project. Please note that the County of San Patricio will not use lowest/best bid as the sole basis for entering into this contract.

1. Provide your cost proposal to accomplish the entire Scope of Work as outlined below and on page 9-11. This cost proposal shall reflect all services provided to a qualified Grant Administration Firm with the specification identified in the Scope of Services.

2. Bidders are required to review all items requested for service and provide all costs associated to complete project.

a. Questions may be asked through the County's eBidding platform no later than five (5) business days prior to the closing date for the Proposal. The County may, if appropriate, circulate the question and answer to all service providers submitted proposals.

3. Evaluation Criteria - The proposal received will be evaluated and ranked according to the following criteria using the rating sheet enclosed: Score sheet [page 39]

Criteria Maximum Points

Experience of the Firm 20

Prior Work Performance / References 30

Capacity to Perform 30

Total 100

Proposed Cost mailto:cnewman@sanpatriciocountytx.gov

4. Payment Schedule San Patricio County shall reimburse (Contractor) for management/administrative services provided for the completion of the following project milestones per the following percentages of the maximum contract amount:

Milestone / Task

% of Contract

Fee

• Establishment of Recordkeeping System 5%

• Completion of Environmental/Special Conditions Clearance 15%

• Completion of all Acquisition Activities 10%

• Completion of the Bid/Contract Award Process 15%

• Labor Standards Compliance/Completion of Construction 15%

• Comply with EEO / Fair Housing Requirements 10%

• Program and Financial Management 20%

• Filing of all Required Close-out Information 10%

Total 100%

NOTE: Percentages of payment listed here are guidelines based on management services typically provided. The payment schedule should be tied directly to the actual Scope of Work identified in Part II - Administrative Scope of Services. Localities may also opt to reimburse Professional Services Contracts on an hourly basis.

C. Bidder Information Contact (Attachment C) D. A copy of your current certificate of insurance for professional liability.

E. A copy of your current HUB cert. (if applicable) F. Statement of Conflicts of Interest (if any) the service provider or key employees may have regarding these services, and a plan for mitigating the conflict(s). Note that City/County may in its sole discretion determine whether or not a conflict disqualifies a firm, and/or whether or not a conflict mitigation plan is acceptable.

G. System for Award Management. Service Providers should have a current registration in the System for Award Management (https://www.sam.gov/SAM/). Service provider and its Principals may not be debarred or suspended nor otherwise on the Excluded Parties List System (EPLS) in the System for Award Management (SAM). Include verification that the service provider as well as its principals are not listed (are not debarred) through the System for Award Management (www.SAM.gov). Enclose a printout of the search results that includes the record date. This clearance information should be included in the service provider’s Proposal. The clearance in the Service Provider’s proposal must be re-verified prior to award. Federal awarding agencies may relax the timing of the requirement for active SAM registration at time of allocation in order to expeditiously issue funding. At the time of award, the requirements of 2 CFR § 200.206, Federal awarding agency review of risk posed by recipients, continue to apply. Current registrants in SAM with active registrations expiring between April 1, 2021 and September 30, 2021 will automatically be afforded a one-time extension of 180 days. (2 CFR § 25.110).

H. Conflict of Interest Questionnaire for vendor doing business with Local Government I. Form CIQ, (enclosed). Texas Local Government Code chapter 176 requires that any vendor or person who enters or seeks to enter into a contract with a local government entity disclose in the Questionnaire Form CIQ the vendor or person’s employment, affiliation, business relationship, family relationship or provision of gifts that might cause a conflict of interest with a local government entity. Questionnaire form CIQ is included in the RFP and must be submitted with the response.

J. Certification Regarding Lobbying (enclosed). Certification for Contracts, Grants, Loans, and Cooperative Agreements is included in the RFP and must be submitted with the response.

K. Instructions for Completion of SF-LLL Disclosure of lobbying Activities L. Disclosure of Lobbying Activities https://www.sam.gov/SAM/

3. Contracting with HUB, small and minority businesses, women's business enterprises, and labor surplus area firms. If the awarded vendor (prime) uses subcontractors, it must take all necessary affirmative steps to assure that small and minority businesses, women's business enterprises, and labor surplus area firms are used. The following affirmative steps are required of the prime Vendor:

1) Placing qualified small and minority businesses and women's business enterprises on solicitation lists;

2) Assuring that small and minority businesses, and women's business enterprises are solicited whenever they are potential sources;

3) Dividing total requirements, when economically feasible, into smaller tasks or quantities to permit maximum participation by small and minority businesses, and women's business enterprises;

4) Establishing delivery schedules, where the requirement permits, which encourage participation by small and minority businesses, and women's business enterprises;

5) Using the services and assistance, as appropriate, of such organizations as the Small Business Administration (SBA) and the Minority Business Development Agency (MBDA) of the Department of Commerce.

6) The Prime Vendor should utilize the MBDA Center that is in the closest proximity to locality. Email your RFP to the appropriate center.

Minority-owned businesses may be eligible for contract procurement assistance with public and private sector entities from MBDA centers:

Dallas MBDA Business Center Houston MBDA Business Center

8828 N. Stemmons Freeway, Ste. 550B 3100 Main Street, Ste. 701 Dallas, TX 75247 Houston, TX 77002 214-920-2436 713-718-8974 Website: https://www.mbdadfw.com Email: admin1@mbdadallas.com

Website: https://www.mbda.gov/business-center/houston-mbda-business-center Email: MBDA@hccs.edu

El Paso MBDA Business Center San Antonio MBDA Business Center 2401 East Missouri Avenue 501 W. Cesar E. Chavez Blvd., Ste. 3.324B El Paso, TX 79903 San Antonio, TX 78207 915-351-6232 210-458-2480 Website: https://www.mbda.gov/business-center/el-paso-mbda-business-center

Website: https://www.mbda.gov/business-center/san-antonio-mbda-business-center

Email: treed@ephcc.org Email: orestes.hubbard@utsa.edu

Small and woman-owned businesses may be eligible for assistance from SBA Women’s Business Centers:

Dallas Fort Worth WBC WBEA – Women’s Business Center

7800 N. Stemmons Fwy., Ste. 120 9800 Northwest Freeway, Ste. 120 Dallas, TX 75247 Houston, TX 77092 214-572-9452 713-681-9232 Website:

https://womensbusinesscenterdfw.com/

Website: https://www.wbea-texas.org/womens-business-center

Email: wbcdfw@liftfund.com Email: wbc@wbea-texas.org

LiftFund Women’s Business Center 600 Soledad St.

San Antonio, TX 78205 888-215-2373 ext. 3000 Website:

https://womensbusinesscentersa.com/ Email: wbc@liftfund.com

SBA also provides assistance at Small Business Development Centers located across Texas:

https://americassbdc.org/small-business-consulting-and-training/find-your-sbdc/ https://www.mbdadfw.com/ https://www.mbda.gov/business-center/houston-mbda-business-center https://www.mbda.gov/business-center/houston-mbda-business-center https://www.mbda.gov/business-center/el-paso-mbda-business-center https://www.mbda.gov/business-center/el-paso-mbda-business-center https://www.mbda.gov/business-center/san-antonio-mbda-business-center https://www.mbda.gov/business-center/san-antonio-mbda-business-center mailto:orestes.hubbard@utsa.edu https://womensbusinesscenterdfw.com/ https://www.wbea-texas.org/womens-business-center https://www.wbea-texas.org/womens-business-center https://womensbusinesscentersa.com/ mailto:wbc@liftfund.com https://americassbdc.org/small-business-consulting-and-training/find-your-sbdc/ the responsibility of the submitting entity to ensure that the proposal is received in a timely manner.

Proposals received after the deadline will not be considered for award, regardless of whether or not the delay was outside the control of the submitting firm.

Information and solicitation documents are available at the County’s designated procurement website:

www.sanpatriciocountytx.gov Departments > Purchasing > Bid Opportunities

Responses may be submitted electronically through the County’s official eBidding platform or by submitting one (1) original physical response and one (1) thumb drive to:

San Patricio County Procurement Specialist

RFP2026-011 TDA-CDBG-CDV

1301 E. Sinton Street Suite C Sinton, Texas 78387

Questions may be asked through the County's eBidding platform no later than five (5) business days prior to the closing date for the Proposal. The County may, if appropriate, circulate the question and answer to all service providers submitted proposals.

Required RFP Forms as provided in the RFP must be submitted, or the proposal shall be considered non-responsive.

4. Deadline for Submission - Proposals must be received no later than October 19, 2026, at 2p.m. It is

SAMPLE CONTRACT

ADMINISTRATION/PROFESSIONAL SERVICES

PART I

AGREEMENT

THIS AGREEMENT, entered into this day of , by and between the CITY/COUNTY OF , hereinafter called the "City"/”County”, acting herein by hereunto duly authorized, and hereinafter called "the Contractor”, acting herein by .

WITNESSETH THAT:

WHEREAS, the City/County of desires to [implement/construct/etc.] the following: [describe project] under the general direction of the Texas Community Development Block Grant (hereinafter called “TxCDBG”) Program administered by the Texas Department of Agriculture; and Whereas the City/County desires to engage to render certain [professional /administration] services in connection with this TxCDBG Project, Application/Grant Number .

NOW THEREFORE, the parties do mutually agree as follows:

1. Scope of Services

The Contractor will perform the services set out in Part II, Scope of Services.

2. Time of Performance - The services of the Contractor shall commence on

. In any event, all of the services required and performed hereunder shall be completed no later than .

3. Local Program Liaison - For purposes of this Contract, the [e.g. City Manager/County ] or equivalent authorized person will serve as the Local Program Liaison and primary point of contact for the Contractor. All required progress reports and communication regarding the project shall be directed to this liaison and other local personnel as appropriate.

4. Access to Records - The U.S. Department of Housing and Urban Development (HUD), Inspectors General, the Comptroller General of the United States, the Texas Department of Agriculture (TDA), and the City/County, or any of their authorized representatives, shall have access to any documents, papers, or other records of the Contractor which are pertinent to the TxCDBG award, in order to make audits, examinations, excerpts, and transcripts, and to closeout the City/County’s TxCDBG grant agreement with TDA.

5. Retention of Records - The Contractor shall retain all required records for three years after the City/County makes its final payment and all pending matters are closed.

6. Compensation and Method of Payment - The maximum amount of compensation and reimbursement to be paid hereunder shall not exceed $ . Payment to the Contractor shall be based on satisfactory completion of identified milestones in Part III - Payment Schedule of this Agreement.

DISCLAIMER: This sample draft document was developed for TxCDBG grant projects and does not include all applicable provisions. This document has important legal consequences. Please consult with your legal counsel with respect to its completion or modification to ensure that it is in compliance with any appropriate local, state and federal laws, as applicable.

7. Indemnification – The Contractor shall comply with the requirements of all applicable laws, rules and regulations, and shall exonerate, indemnify, and hold harmless the City/County and its agency members from and against any and all claims, costs, suits, and damages, including attorneys’ fees, arising out of the Contractor’s performance or nonperformance of the activities, services or subject matter called for in this agreement or in connection with the management and administration of the TxCDBG grant agreement, 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.

8. Miscellaneous Provisions

a. This Agreement shall be construed under and in accord with the laws of the State of Texas, and all obligations of the parties created hereunder are performable in County, Texas.

b. This Agreement shall be binding upon and inure 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 this Agreement shall for any reason be held to be invalid, illegal or unenforceable in any respect, such invalidity, illegality, or unenforceability shall not affect any other provision thereof and this Agreement shall 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 and incorporated into this Agreement.

9. Extent of Agreement This Agreement, which includes Parts I-IV, [and if applicable, including the following exhibits/attachments: represents the entire and integrated agreement between the City/County and the Contractor and supersedes all prior negotiations, representations or agreements, either written or oral. This Agreement may be amended only by written instrument signed by authorized representatives of both City/County and Contractor.

IN WITNESSETH WHEREOF, the parties have executed this Agreement by causing the same to be signed on the day and year first above written.

BY:

(Local City/County Official)

(Printed Name)

(Title)

BY:

(Contractor’s Authorized Representative)

(Printed Name)

(Title)

PART II

SCOPE OF SERVICES

The Contractor shall provide the following scope of services: (choose contracted services)

A. 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 the City/County personnel on implementation of project and regulatory matters.

4. Assist in the procurement of professional consulting engineering services through the request for proposal process, if applicable, and as required by the TxCDBG regulations.

5. Furnish City/County with necessary forms and procedures required for implementation of project.

6. Assist the City/County in meeting all special condition requirements that may be stipulated in the contract between the City/County and TDA.

7. Prepare and submit to TDA documentation necessary for amending the TxCDBG grant agreement.

8. Conduct re-assessment of environmental clearance for any program amendments.

9. Prepare and submit Materials and Services Reports documenting all financial interests in the project.

10. Establish procedures to document expenditures associated with local administration of the project.

11. Provide guidance and assistance to City/County regarding acquisition of property:

• Submit required reports concerning acquisition activities to TDA;

• Establish a separate acquisition file for each parcel of real property acquired;

• Determine necessary method(s) for acquiring real property;

• Prepare correspondence to the property owners for the City/County’s signature to acquire the property or to secure an easement; and

• Assist the City/County in negotiation with property owner(s).

12. Maintain TxCDBG Property Management register for any property/equipment purchased or leased.

13. Serve as liaison for the City/County during any monitoring visit by staff representatives from either TDA or the U.S. Department of Housing and Urban Development (HUD).

B. Financial Management

1. Assist the City/County in proving its ability to manage the grant funds to the state's audit division.

2. Assist the City/County in establishing and maintaining a bank account (Direct Deposit account) and/or separate local bank account, journals and ledgers.

3. Assist the City/County 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/County 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 City/County personnel on implementation of project and regulatory matters.

7. Assist the City/County in establishing procedures to handle the use of any TxCDBG program income.

C. Environmental Review

1. Prepare and complete all environmental review requirements in accordance with Code of Federal

Regulations Title 24, Part 58, and TDA requirements.

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. Prepare Request for Release of Funds and certifications to be sent to TDA.

D. Acquisition

1. Prepare required acquisition reports(s).

2. Obtain documentation of ownership for City/County-owned property and/or Right of Way

(ROWs).

3. Maintain a separate file for each parcel of real property acquired.

4. Determine necessary method(s) for acquiring real property.

5. Prepare correspondence with property owners.

6. Assist City/County in negotiations with property owner(s).

7. Prepare required acquisition reports and submit to TDA.

E. Construction Management

1. Establish procedures to document expenditures associated with local construction of the project

(if force account is applicable).

• Assist City/County in determining whether and/or what TxCDBG grant agreement activities will be carried out in whole or in part via force account labor.

• Assist City/County in determining whether or not it will be necessary to hire temporary employees to specifically carry out TxCDBG grant agreement activities.

• Assist City/County in maintaining adequate documentation of personnel, equipment and materials expended/used and their costs.

2. Assist City/County in documenting compliance with all federal and state requirements related to equal employment opportunity.

3. Assist City/County in documenting compliance with all federal and state requirements related to minimum wage and overtime pay requirements.

4. Provide assistance to or act as local labor standards officer. Notify TDA of name, address, and phone number of appointed labor standards compliance officer.

5. Request wage rates from TDA.

6. Provide sample TxCDBG grant agreement documents to engineer.

7. Advertise for bids.

8. Make ten-day call to TDA.

9. Verify construction contractor eligibility with TDA.

10. Review construction contract.

11. Conduct pre-construction conference and prepare minutes.

12. Submit any reports of additional classification and rates to TDA.

13. Issue Notice of Start of Construction to TDA.

14. Review weekly payrolls, including compliance follow-ups. Conduct employee interviews.

15. Process change orders approved by City/County and the project engineer and submit to TDA prior to execution with the construction contractor.

16. Generate Certificate of Construction Completion/Final Wage Compliance Report and submit to

TDA.

17. Provide general advice and technical assistance to City/County personnel on implementation of project and regulatory matters.

F. Fair Housing / Equal Opportunity

1. Assist the City/County in developing, implementing and documenting new activities to affirmatively further fair housing during the contract period.

2. Maintain documentation of all project beneficiaries by ethnicity and gender.

3. Assist with the development and administration of the Citizen Participation Plan per 24 CFR

Part 91, including grievance procedures.

4. Assist with Section 3 requirements per 24 CFR Part 75.

5. Prepare all Section 504 requirements per 24 CFR Part 8.

6. Provide all applicable equal opportunity provisions and certifications for inclusion in bid packet.

7. Ensure adoption of Excessive Force provision per 24 CFR Part 91.

8. Ensure the adequate publication of required notices.

G. Relocation

1. Prepare and submit local relocation guidelines to TDA for approval.

2. Assist City/County in identifying individuals to be relocated and prepare appropriate notices.

3. Interview relocatees and identify assistance needs.

4. Maintain a relocation record for each individual/family.

5. Provide education/assistance to relocatees.

6. Inventory local available housing resources and maintain a referral list.

7. Issue appropriate notices to relocatees.

8. Ensure that all payments are made in a timely manner.

H. Rehabilitation of Private Property

1. Prepare and submit local rehabilitation guidelines to TDA for approval.

2. Assist City/County in establishing escrow account and obtaining TDA approval.

3. Develop outreach and necessary application processing/verification forms.

4. Screen applicants.

5. Prepare work write-ups and cost estimates.

6. Issue Notice to Proceed to construction contractor(s).

7. Conduct interim/final inspections, process final contract documents, and maintain a record of beneficiaries.

8. Maintain client files following TDA requirements.

I. Audit / Close-out Procedures

1. Complete the final Project Completion Report, including supporting documentation as required by TDA.

2. Assist City/County in resolving any monitoring and audit findings.

3. Assist City/County in resolving any third party claims.

4. Provide auditor with TxCDBG audit guidelines.

PART III

PAYMENT SCHEDULE

County shall reimburse (Contractor) for management/administrative services provided for completion of the following project milestones per the following percentages of the maximum contract amount:

Milestone / Task % of

Contract Fee

• Establishment of Recordkeeping System 5%

• Completion of Environmental Review / Special

Conditions Clearance 15%

• Completion of all Acquisition Activities 10%

• Completion of the Bid/Contract Award Process 15%

• Labor Standards Compliance/Completion of Construction 15%

• Comply with EEO / Fair Housing Requirements 10%

• Program and Financial Management 20%

• Filing of all Required Close-out Information 10%

Total 100% NOTE: Percentages of payment listed here are guidelines based on management services typically provided. The payment schedule should be tied directly to the actual Scope of Work identified in Part II - Administrative Scope of Services.

Localities may also opt to reimburse Professional Services Contracts on an hourly basis, with a fixed price cap.

PART IV

TERMS AND CONDITIONS

1. Termination for Cause. If the Contractor fails to fulfill in a timely and proper manner its obligations under this Agreement, or if the Contractor violates any of the covenants, conditions, agreements, or stipulations of this Agreement, the City/County shall have the right to terminate this Agreement by giving written notice to the Contractor of such termination and specifying the effective date thereof, which shall be at least five days before the effective date of such termination. In the event of termination for cause, all finished or unfinished documents, data, studies, surveys, drawings, maps, models, photographs and reports prepared by the Contractor pursuant to this Agreement shall, at the option of the City/County, be turned over to the City / County and become the property of the City / County. In the event of termination for cause, the Contractor shall be entitled to receive reasonable compensation for any necessary services actually and satisfactorily performed prior to the date of termination.

Notwithstanding the above, the Contractor shall not be relieved of liability to the City/County for damages sustained by the City/County by virtue of any breach of contract by the Contractor, and the City/County may set-off the damages it incurred as a result of the Contractor’s breach of contract from any amounts it might otherwise owe the Contractor.

2. Termination for Convenience of the City/County.

City/County may at any time and for any reason terminate Contractor’s services and work at City/County's convenience upon providing written notice to the Contractor specifying the extent of termination and the effective date. Upon receipt of such notice, Contractor shall, unless the notice directs otherwise, immediately discontinue the work and placing of orders for materials, facilities and supplies in connection with the performance of this Agreement.

[Parties should include the manner by which such termination will be effected and the basis for settlement or any other terms and conditions concerning payment upon such termination.]

3. Changes. The City/County may, from time to time, request changes in the services the Contractor will perform under this Agreement. Such changes, including any increase or decrease in the amount of the Contractor's compensation, must be agreed to by all parties and finalized through a signed, written amendment to this Agreement.

4. Resolution of Program Non-Compliance and Disallowed Costs. In the event of any dispute, claim, question, or disagreement arising from or relating to this Agreement, or the breach thereof, including determination of responsibility for any costs disallowed as a result of non-compliance with federal, state or TxCDBG program requirements, the parties hereto shall use their best efforts to settle the dispute, claim, question or disagreement. To this effect, 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 resolved by negotiation within 30 days of receipt of written notice or invitation to negotiate, the parties agree first to try in good faith to settle the matter by mediation administered by the American Arbitration Association under its Commercial Mediation Procedures before resorting to arbitration, litigation, or some other dispute resolution procedure. The parties may enter into a written amendment to this Agreement and choose a mediator that is not affiliated with the American Arbitration Association. The parties shall bear the costs of such mediation equally. [This section may also provide for the qualifications of the mediator(s), the locale of meetings, time limits, or any other item of concern to the parties.] If the matter is not resolved through such mediation within 60 days of the initiation of that procedure, either party may proceed to file suit.

5. Personnel.

a. The Contractor represents that he/she/it has, or will secure at its own expense, all personnel required in performing the services under this Agreement. Such personnel shall not be employees of or have any contractual relationship with the City/County.

b. All of the services required hereunder will be performed by the Contractor or under its supervision and all personnel engaged in the work shall be fully qualified and shall be authorized or permitted under State and Local law to perform such services.

c. None of the work or services covered by this Agreement shall be subcontracted without the prior written approval of the City/County. Any work or services subcontracted hereunder shall be specified by written contract or agreement and shall be subject to each provision of this Agreement.

6. Assignability. The Contractor shall not assign any interest on this Agreement, and shall not transfer any interest in the same (whether by assignment or novation), without the prior written consent of the City/County thereto; Provided, however, that claims for money by the Contractor from the City/County under this Agreement may be assigned to a bank, trust company, or other financial institution without such approval. Written notice of any such assignment or transfer shall be furnished promptly to the City/County.

7. Reports and Information. The Contractor, at such times and in such forms as the City/County may require, shall furnish the City/County such periodic reports as it may request pertaining to the work or services undertaken pursuant to this Agreement, the costs and obligations incurred or to be incurred in connection therewith, and any other matters covered by this Agreement.

8. Records and Audits. The Contractor shall insure that the City/County maintains fiscal records and supporting documentation for all expenditures of funds made under this contract in a manner that conforms to 2 CFR 200.300-.309, 24 CFR 570.490, and this Agreement. Such records must 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 Agreement.

City/County shall retain such records, and any supporting documentation, for the greater of three years from closeout of the Agreement or the period required by other applicable laws and regulations.

9. Findings Confidential. All of the reports, information, data, etc., prepared or assembled by the Contractor under this contract are confidential and the Contractor agrees that they shall not be made available to any individual or organization without the prior written approval of the City/County.

10. Copyright. No report, maps, or other documents produced in whole or in part under this Agreement shall be the subject of an application for copyright by or on behalf of the Contractor.

11. Compliance with Local Laws. The Contractor shall comply with all applicable laws, ordinances and codes of the State and local governments, and the Contractor shall save the City/County harmless with respect to any damages arising from any tort done in performing any of the work embraced by this Agreement.

12. Conflicts of interest.

a. Governing Body. No member of the governing body of the City/County and no other officer, employee, or agent of the City/County, who exercises any functions or responsibilities in connection with administration, construction, engineering, or implementation of the TxCDBG award between TDA and the City / County shall have any personal financial interest, direct or indirect, in the Contractor or this Agreement; and the Contractor shall take appropriate steps to assure compliance.

b. Other Local Public Officials. No other public official who exercises any functions or responsibilities in connection with the planning and carrying out of administration, construction, engineering or implementation of the TxCDBG award between TDA and the City/County shall have any personal financial interest, direct or indirect, in the Contractor or this Agreement; and the Contractor shall take appropriate steps to assure compliance.

c. Contractor and Employees. The Contractor warrants and represents that it has no conflict of interest associated with the TxCDBG award between TDA and the City/County or this Agreement. The Contractor further warrants and represents that it shall not acquire an interest, direct or indirect, in any geographic area that may benefit from the TxCDBG award between TDA and the City/County or in any business, entity, organization or person that may benefit from the award. The Contractor further agrees that it will not employ an individual with a conflict of interest as described herein.

13. Debarment and Suspension (Executive Orders 12549 and 12689). The Contractor certifies, by entering into this Agreement, that neither it nor its principals are presently debarred, suspended, or otherwise excluded from or ineligible for participation in federally-assisted programs under Executive Orders 12549 (1986) and 12689 (1989). The term “principal” for purposes of this Agreement is defined as an officer, director, owner, partner, key employee, or other person with primary management or supervisory responsibilities, or a person who has a critical influence on or substantive control over the operations of the Contractor. The Contractor understands that it must not make any award or permit any award (or contract) at any tier to any party which is debarred or suspended or is otherwise excluded from or ineligible for participation in Federal assistance programs under Executive Order 12549, “Debarment and Suspension.”

Federal Civil Rights Compliance.

14. Equal Opportunity Clause (applicable to federally assisted construction contracts and subcontracts over $10,000).

During the performance of this contract, the Contractor agrees as follows:

a. The Contractor will not discriminate against any employee or applicant for employment because of race, color, religion, sex, sexual orientation, gender identity, or national origin.

The Contractor will take affirmative action to ensure that applicants are employed, and that employees are treated during employment without regard to their race, color, religion, sex, sexual orientation, gender identity, or national origin. Such action shall include, but not be limited to the following: Employment, upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation;

and selection for training, including apprenticeship. The Contractor agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided setting forth the provisions of this nondiscrimination clause.

b. The Contractor will, in all solicitations or advertisements for employees placed by or on behalf of the Contractor, state that all qualified applicants will receive considerations for employment without regard to race, color, religion, sex, sexual orientation, gender identity, or national origin.

c. The Contractor will not discourage or in any other manner discriminate against any employee or applicant for employment because such employee or applicant has inquired about, discussed, or disclosed the compensation of the employee or applicant or another employee or applicant. This provision shall not apply to instances in which an employee who has access to the compensation information of other employees or applicants as a part of such employee’s essential job functions discloses the compensation of such other employees or applicants to individuals who do not otherwise have access to such information, unless such disclosure is in response to a formal complaint or charge, in furtherance of an investigation, proceeding, hearing, or action, including an investigation conducted by the employer, or is consistent with the contractor’s legal duty to furnish information.

d. The Contractor will send to each labor union or representative of workers with which he has a collective bargaining agreement or other contract or understanding, a notice to be provided advising the said labor union or workers' representatives of the Contractor's commitments under this section, and shall post copies of the notice in conspicuous places available to employees and applicants for employment.

e. The Contractor will comply with all provisions of Executive Order 11246 of September 24, 1965, “Equal Employment Opportunity,” and of the rules, regulations, and relevant orders of the Secretary of Labor.

f. The Contractor will furnish all information and reports required by Executive Order 11246 of September 24, 1965, and by rules, regulations, and orders of the Secretary of Labor, or pursuant thereto, and will permit access to his books, records, and accounts by the administering agency and the Secretary of Labor for purposes of investigation to ascertain compliance with such rules, regulations, and orders.

g. In the event of the Contractor's noncompliance with the nondiscrimination clauses of this contract or with any of the said rules, regulations, or orders, this contract may be canceled, terminated, or suspended in whole or in part and the Contractor may be declared ineligible for further Government contracts or federally assisted construction contracts in accordance with procedures authorized in Executive Order 11246 of September 24, 1965, and such other sanctions may be imposed and remedies invoked as provided in Executive Order 11246 of September 24, 1965, or by rule, regulation, or order of the Secretary of Labor, or as otherwise provided by law.

h. The Contractor will include the portion of the sentence immediately preceding paragraph (a) and the provisions of paragraphs (a) through (h) in every subcontract or purchase order unless exempted by rules, regulations, or orders of the Secretary of Labor issued pursuant to section 204 of Executive Order 11246 of September 24, 1965, so that such provisions will be binding upon each subcontractor or vendor. The Contractor will take such action with respect to any subcontract or purchase order as the administering agency may direct as a means of enforcing such provisions, including sanctions for noncompliance: Provided, however, That in the event a Contractor becomes involved in, or is threatened with, litigation with a subcontractor or vendor as a result of such direction by the administering agency the Contractor may request the United States to enter into such litigation to protect the interests of the United States.

15. Civil Rights Act of 1964. Under Title VI of the Civil Rights Act of 1964, no person shall, on the grounds of race, color, religion, sex, 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.

16. Section 109 of the Housing and Community Development Act of 1974. The Contractor shall comply with the provisions of 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, religion, 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.

17. Section 504 Rehabilitation Act of 1973, as amended. The Contractor agrees that no otherwise qualified individual with disabilities shall, solely by reason of his/her disability, be denied the benefits of, or be subjected to discrimination, including discrimination in employment, under any program or activity receiving federal financial assistance.

18. Age Discrimination Act of 1975. The Contractor shall comply with the Age Discrimination Act of 1975 which provides that no person in the United States shall on the basis of age be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any program or activity receiving federal financial assistance.

19. Economic Opportunities for Section 3 Residents and Section 3 Business Concerns.

(a) The work to be performed under this Contract is subject to the requirements of section 3 of the Housing and Urban Development (HUD) Act of 1968, as amended, 12 U.S.C. 1701u (section 3). The purpose of section 3 is to ensure that employment and other economic opportunities generated by HUD assistance or HUD-assisted projects covered by section 3, shall, to the greatest extent feasible, be directed to low- and very low-income persons, particularly persons who are recipients of HUD assistance for housing.

(b) The parties to this Contract agree to comply with HUD's regulations in 24 CFR part 75, which implement section 3. As evidenced by their execution of this Contract, the parties to this Contract certify that they are under no contractual or other impediment that would prevent them from complying with the part 75 regulations.

(c) The Contractor agrees to include this section 3 clause in every subcontract subject to compliance with regulations in 24 CFR part 75, and agrees to take appropriate action, as provided in an applicable provision of the subcontract or in this section 3 clause, upon a finding that the subcontractor is in violation of the regulations in 24 CFR part 75. The Contractor will not subcontract with any subcontractor where the Contractor has notice or knowledge that the subcontractor has been found in violation of the regulations in 24 CFR part 75.

(d) The Contractor will certify that any vacant employment positions, including training positions, that are filled (1) after the Contractor is selected but before the contract is executed, and (2) with persons other than those to whom the regulations of 24 CFR part 75 require employment opportunities to be directed, were not filled to circumvent the Contractor's obligations under 24 CFR part 75. Minimum expectations of effort to direct employment opportunities to such workers are identified in the TxCDBG Project Implementation Manual.

(e) Noncompliance with HUD's regulations in 24 CFR part 75 may result in sanctions, termination of this Contract for default, and debarment or suspension from future HUD assisted contracts.

A. Insert Statement of Qualifications

B. Insert Proposed Cost of Services

Bidder Information Contact

(Bidder Legal Name)

(Federal ID Number) (SAM.gov Entity ID)

(Physical Address)

(Mailing Address)

(Primary Contact Name) (Title)

(Email Address) (Phone Number)

Insert Certificate of Insurance

Insert current HUB certification if applicable

Statement of Conflicts of Interest (if applicable)

Insert System for Award Management (SAM) record search for company name and company principal

Certification Regarding Lobbying

(To be submitted with each bid or offer exceeding $100,000)

The undersigned certifies, to the best of his or her knowledge and belief, that:

(a) 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.

(b) 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.

(c) The undersigned shall require that the language paragraph 1 and 2 of this anti-lobbying 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 recipients 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 31, U.S.C. § 1352 (as amended by the Lobbying Disclosure Act of 1995).

The Vendor, ___________________, certifies or affirms the truthfulness and accuracy of each statement of its certification and disclosure, if any. In addition, the Vendor understands and agrees that the provisions of 31 U.S.C. § 3801 et seq., apply to this certification and disclosure, if any.

Signature of Vendor’s Authorized Official

Printed Name and…