RESOLUTION NO. 1043 A RESOLUTION APPROVING A CONTRACT FOR

							                              RESOLUTION NO. 1043

   A RESOLUTION APPROVING A CONTRACT FOR TIGER DISCRETIONARY
            GRANT APPLICATION PREPARATION SERVICES

      WHEREAS, the City of Troy desires to make application to the U.S.
Department of Transportation Supplemental Discretionary Grant for Capital
Investments in Surface Transportation (TIGER Discretionary Grant) program under
the American Recovery and Reinvestment Act of 2009 for the purpose of constructing
road and associated improvements that will develop/improve an east-west corridor
through the City and provide improved regional access to facilitate economic
development, and

       WHEREAS, the City of Troy desires to enter into a contract for the provision of
grant related services to develop and submit an application on behalf of the City of
Troy for the above referenced project, and

       WHEREAS, it has been determined that it is in the best interest of the City of
Troy to enter into a contract with Roth, McHugh & Associates, L.L.C., to provide the
above described services,

      NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Troy,
Alabama as follows:

      SECTION 1. That, based on the City’s understanding of the application
      requirements of the TIGER Discretionary Grant Program a fee of $12,500.00
      (as proposed by Roth, McHugh & Associates, L.L.C.) for application
      development and submission has been determined as reasonable based on the
      complexity of the application process.

      SECTION 2. That an additional sum of $12,500.00 shall be paid to Roth,
      McHugh & Associates, L.L.C., upon award of grant funds by the funding agency
      to facilitate clearance of conditions to secure grant award.

      SECTION 3. That the City Council of the City of Troy enter into an agreement
      with Roth, McHugh & Associates, L.L.C., for the provision of application
      development, submission, and related services, with said agreement attached
      hereto.

      SECTION 4. That Jimmy C. Lunsford, in his capacity as Mayor, is hereby
      authorized and directed to sign a contract with the afore referenced contractor
      on behalf of the City of Troy to facilitate submission of a TIGER grant
      application.

      ADOPTED this the 25th day of August 2009.


                                         John H. Witherington
                                         Council President

   ATTEST:
             Alton E. Starling, Clerk/Treas.

      APPROVED this the 25th day of August 2009.


                                         Jimmy C. Lunsford, Mayor

   ATTEST:
             Alton E. Starling, Clerk/Treas.
                        AGREEMENT BETWEEN THE
                         CITY OF TROY, ALABAMA
                                   AND
                  ROTH, MCHUGH AND ASSOCIATES, L.L.C.
       This Agreement dated this 25th day of August, 2009 by and between the City of
Troy hereinafter referred to as "City" and Roth, McHugh and Associates, L.L.C.
operating under the laws of the State of Alabama and its principal offices located at
7110 University Court, Montgomery, Alabama, hereinafter referred to as "Contractor".

WITNESSETH:

ARTICLE I - EMPLOYMENT OF CONTRACTOR

        The Contractor agrees to render in satisfactory and proper manner certain
technical and professional services as contained herein for the compensation that the
City agrees to pay as hereinafter set forth in connection with undertaking of the City to
develop and submit an application for the U.S. Department of Transportation
Supplemental Discretionary Grant for Capital Investments in Surface Transportation
Infrastructure (TIGER Discretionary Grant) under the American Recovery and
Reinvestment Act of 2009 for a project to develop a regional east-west corridor and
improve access through both the City of Troy and Troy University to facilitate a major
economic develop opportunity and a planned arena at Troy University.

ARTICLE II - SCOPE OF SERVICES

      The Contractor shall provide technical and professional assistance to include but
not necessarily be limited to the following:

A. Work closely with the City, Troy University, consulting engineers and staff members
   to collect such information as necessary to develop and submit an application.

B. Provide all documentation necessary and prepare it in a presentation format for
   submission and provide the required number of copies to the funding agency and a
   one (1) copy to the City for their records.

C. Provide documentation to the City of submission of application.

ARTICLE III - TIME OF PERFORMANCE

      Services to be provided under this agreement shall commence and be completed
in an expeditious manner and will be mutually agreeable to both the City and the
Contractor, as required by the U.S. Department of Transportation.

ARTICLE IV - GENERAL PROVISIONS

A.      Personnel - The Contractor warrants that it has the professional personnel
     capable of performing the services as called for herein, in a satisfactory and proper
     manner, or will secure the services of such personnel as may be required to perform
     such services.

B.      Office Space - The Contractor agrees to provide and maintain the office space
     and facilities required to perform all services as called for under this agreement, at
     no expense to the City.

C.      Information and Materials - The City agrees to make available to the Contractor
     any maps, documents, materials, or any other information in its possession or
     otherwise readily available, at no expense to the Contractor for the performance of
     services as called for herein.
D.      Documents Provided by Contractor - It is agreed and understood the Contractor
     shall provide the City with any documents that may be required during submission of
     an application, for which Contractor is responsible.

ARTICLE V - COMPENSATION AND METHOD OF PAYMENT

       For services rendered under this agreement, as detailed in Article II (Scope of
Services), the City agrees to pay the Contractor the following amounts at such times, as
follows:
                     $12,500 upon submission of the application to the funding agency,

and contingent on the application being funded:

                     $12,500 Upon funding of the application by the funding agency.

      Based on current estimates the total compensation to be paid for all services to
be rendered under this agreement shall not exceed the amount of Twenty Five
Thousand and no ($25,000.00) Dollars. If, however, conditions exist through changes
in services required hereunder, this amount may be exceeded by mutual written
amendment hereto.

ARTICLE VI - TERMINATION FOR CONVENIENCE OF THE CITY

       This agreement may be terminated for the convenience of the City or the
Contractor by submitting a 10-day notice to the relevant party of intention to do so.
Upon such termination the Contractor shall be entitled to fair and equitable
compensation for services rendered not to exceed the total compensation described
herein.

ARTICLE VII - TERMINATION FOR CAUSE

       If, at its sole discretion, the City determines that the Contractor has not
performed the services as called for herein in a timely and proper manner, and if the
Contractor shall violate any provisions contained herein, the City shall maintain the right
to terminate this agreement by the issuance of a ten (10) day notice to the Contractor
stating its intention and justification therefore. Upon such termination by the City, the
Contractor shall be entitled to fair and equitable compensation for services rendered.
Likewise, the Contractor may also terminate the agreement for cause with proper notice
to the City and shall be entitled to fair and equitable compensation for services
rendered.

ARTICLE VIII - ASSIGNMENTS

      It is agreed and understood that no provision or right as provided under this
agreement shall be assigned or subcontracted by the Contractor without the
understanding of the City.

ARTICLE IX - AMENDMENTS

       It is expressly understood and agreed that in the event conditions exist that
require a substantial increase or decrease in the services to be provided under this
agreement, this agreement in total or in part may be amended by mutual written
amendment.

      IN WITNESS WHEREOF, the City and the Contractor have caused this
agreement to be executed by their duly authorized officers on the day and year first
above written.
                                     CITY OF TROY, ALABAMA




Attest: __________________________   ________________________________
                                     Jimmy C. Lunsford; Mayor



                                     ROTH, MCHUGH & ASSOCIATES,
                                     L.L.C.



Attest: __________________________   ________________________________
                                     Sara Kathryn McHugh; Owner