1999-143-RES A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PARIS, PARIS, TEXAS,
RESOLUTION NO. QQ-141
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PARIS, PARIS, TEXAS,
APPROVING AND AUTHORIZING THE EXECUTION OF A CONTRACT WITH R.I.M,
ENTERPRISES, INC. FOR ADMINISTRATIVE SERVICES SPECIFICALLY FOR LOAN
PROCESSING IN CONNECTION WITH THE CITY'S HOME BUYER ASSISTANCE
PROGRAM UNDER THE TEXAS HOME INVESTMENT PARTNERSHIP PROGRAM
GRANT; MAKING OTHER FINDINGS AND PROVISIONS RELATED TO THE
SUBJECT: AND DECLARING AN EFFECTIVE DATE.
WHEREAS, the City Council of the City of Paris did heretofore, on the 9th day of
November, 1998, in Resolution No. 98-158, authorize an application to be made to the Texas
Department of Housing and Community Affairs under the Texas Home Investment Partnership
Program for the Homebuyer Assistant Fund Grant; and,
WHEREAS, the City Council of the City of Paris did heretofore, on the 12th day of July,
1999, in Resolution No. 99-090 which was amended on the 27th day of July, 1999, by Resolution
99-096, accept the Grant Award entitled "Texas Department of Housing and Community Affairs
Home Program, Homebuyer Assistance Contract No. 539076" in the amount of$130,ooO.00 from
the Texas Department of Housing and Community Affairs to conduct down payments and other
expenses for home buyers in the city of Paris; and,
WHEREAS, the City of Paris is in need of administrative services specifically for loan
processing under the Texas Home Investment Partnership Program funded in said grant; and,
WHEREAS, Robert Jones, President of R.I.M. Enterprises, Inc., has made a Response
to Request for Proposal for administrative services specifically for loan processing in the amount
of $15,500.00, which is to be paid from City of Paris matching funds, and it is deemed
appropriate that such proposal be accepted; and,
WHEREAS, the form of the Contract for Administrative Services specifically for loan
processing, attached hereto as Exhibit A, should, in all things, be approved, and the City
Manager, Michael E. Malone, should be authorized to execute the same; NOW, THEREFORE,
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PARIS:
Section 1.
That the findings set out in the preamble to this resolution are hereby in all things
approved.
Section 2.
That the Response to Request for Proposal for Home Buyer Assistance Program
Grant Management Services, submitted by R.I.M. Enterprises, Inc" for
administrative services specifically for loan processing, in the amount of
$15,500,00, under the Texas Home Investment Partnership Program, to be funded
by the City of Paris as matching funds under the Homebuyer Assistance Fund
Grant, be, and the same is hereby, accepted.
Section 3,
That the form of the Contract for Administrative Services specifically for loan
processing, attached hereto as Exhibit A, be, and the same is hereby, approved.
Section 4.
That the City Manager, Michael E. Malone, be, and he is hereby, authorized and
directed to execute, on behalf of the City of Paris, the Contract for Administrative
Services specifically for loan processing with R. I. M. Enterprises, Inc., under the
terms and conditions and in the form shown in Exhibit A, attached hereto,
Section 5.
That this resolution shall be effective from and after its date of passage,
PASSED AND ADOPTED this 9th day of December, 1999.
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ATTEST:
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Mattie Cunningham, City Clerk
CONTRACT FOR ADMINISTRATIVE SERVICES
PART I - AGREEMENT
TillS AGREEMENT, made and entered into this 9th day of December, 1999, by and between
the CITY OF PARIS, State of Texas (hereinafter called the "CITY"), acting herein by City
Manager Michael E. Malone, hereunto duly authorized, and RI.M. Enterprises, Inc. (hereinafter
called the "Consultant") acting herein by Robert L. Jones, Jr.
WITNESSETH THAT:
WHEREAS, the City of Paris desires to implement a project under the general direction of the
Housing Investment Partnership Program, and;
WHEREAS, the City desires to utilize the services ofRI.M. Enterprises, Inc. to render certain
administrative services in connection with the City's Home Buyer Assistance Program project
funded by Texas Department of Housing and Community Affairs;
NOW, THEREFORE, the parties do mutually agree as follows:
1. Scope of Services
See Part II
2. Time of Performance
The services ofRI.M. Enterprises will commence on July 1, 1999. In any
event, all the services required and performance hereunder shall be completed no
later than December 31, 2000.
3. Access to Information
It is agreed that all information, data, reports and records necessary to carry out the
work described above shall be furnished to R.I.M. Enterprises by the City and its
agencies. No charges will be made to R.I.M. for such information and the City
will cooperate with RI.M. Enterprises in every way possible to facilitate the
performance of the work described in the contract.
EXBBIIT A
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4. Compensation and Method of Payment
The maximum compensation and reimbursement to be paid for the services listed
above shall not exceed Fifteen Thousand Five Hunderd ($15,500)
payment to Consultant shall be based upon satisfactory completion of identified
services listed under Scope of Services.
Payment shall be made in response to invoices submitted by the Consultant to the
City. An estimate of costs is enclosed as ATTACHMENT B of this agreement.
5. Indemnification
RI.M. Enterprises, Inc. 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, workman's compensation, and income tax laws.
6. Miscellaneous Provisions
a. This agreement shall be construed under and accord with the laws ofthe State
of Texas, and all obligations of the parties created hereunder are performable in
Paris, Lamar County, Texas.
b. This agreement shall be binding upon and ensure to the benefit of the parties
hereto and to 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 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.
7. Terms and Conditions
This Agreement is subject to the provisions titled "Terms and Conditions" and attached
hereto and incorporated by reference herein.
IN WITNESS HEREOF, the parties have hereunto set their hands and seals.
CITY OF PARIS
R.I.M. ENTERPRISES, INC.
Michael E. Malone, City Manager
Mattie Cunningham, City Secretary
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PART II
SCOPE OF SERVICES
DETAILED ADMINISTRATIVE SUMMARY
I. Pre-grant Agreement Activities
a. review HOME contracts for conformance with applications
b. present contract requirements to council
c. execute all special conditions of contracts
2. Financial Management
a. establish internal controls
b. establish cost accountability standards
c. develop a chart of accounts
d. develop journals and ledgers
e. organize and maintain financial files
f financial reporting
g. account for and document all other project expenditures
h. maintain bank accounts and records
1. prepare budget revisions as necessary
J. oversee audit and close-out process
3. Proiect Management
a. supervise procurement process
b. attend and ensure compliance at bid openings
c. monitor affirmative action programs
d. contract execution and compliance
e. enforce wage rate compliance
f verify contractor eligibility
g. conduct pre-construcion conferences
h. project monitoring and periodic reporting
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4. Equal Oooortunitv
a. Section 3 Plan and Compliance
b. Affirmative Action compliance monitoring and enforcement
c. Equal Opportunity /Housing monitoring
d. Complaint procedures and follow-up
5. Environmental Review
a. Prepare Environmental Review Record
b. Prepare Finding of No Significant Impact
c. Request Release of Funds
d. Texas Historical Commission clearance
e. Other Environmental compliance requirements
6. Real Property Acquisition ( if applicable)
a. Determine Properties to be acquired
b. Prepare Preliminary Acquisition Notices
c. Obtain Appraisal Services on behalf of locality
d. Issue Written Offers of Purchase
e. Completion of Acquisition Process
7. Relocation (if applicable)
a. Determine Persons to be relocated
b. Develop Relocation Procedures
c. Provide Information and Counseling
d. Identify Replacement Housing Needs
e. Complete Relocation Processing and Forms
8. Other Administrative Functions
a. Liaison with State and Federal representatives
b. Assist in monitoring visits and follow-ups
c. Prepare required reports and compliance reports
d. Attend and supervise citizen participation meetings
e. Maintain Status Reports
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9. Economic Development Function (Applicable to Texas Capital Fund Projects)
a. Monitor status ofleveraged funds
b. Oversee execution ofloca1loan contracts
c. Monitor employment creation and job goals
d. Assist in preparing hiring plan
e. Assist in developing loan reuse plan
f Monitor project compliance with TDOC requirements as specified in the locality's grant
agreement
10. Homebuver Assistance Function
a. Provide for all applicant screening
b. Obtain all Realtor/Seller documents
c. Obtain all Lender documents
d. Qualify structure
e. Close loan
f File Deed
PART III
PROJECT COST ESTIMATES
R.I.M. Enterprises proposes to provide all required services and activities necessary to implement
the City of Paris HOME/ TCDP project from inception to completion for a total cost of$15,500.
R.I.M Enterprises will assume full responsibility for the technical services of the project on behalf
of the City of Paris in full compliance with the grant agreement between the City of Paris and the
Texas Department of Housing and Community Affairs. The following is a cost estimate by line
for the services to be provided:
1) Act asLiason with LenderIBuilders $1,000
2) Screen HBA Applicants for Eligibility $2,000
3) Obtain all Loan Documents $2,000
4) Obtain Earnest Money/Sales Contract $2,000
5) Provide MEC Pack for New Construction $1,000
6) Perform Pre and Post Inspection! Punch List $2,500
7) Prepare Real Estate Note! Deed of Trust $1500
8) Request Payment! Documents for Closing $2,000
9) File City's Deed $1,500
TOTAL COST
$15,500
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PART III
PROJECT COST ESTIMATES
RI.M. Enterprises proposes to provide all required services and activities necessary to implement
the City of Paris HOME/ TCDP project from inception to completion for a total cost of$15,500.
RI.M Enterprises will assume full responsibility for the technical services of the project on behalf
of the City of Paris in full compliance with the grant agreement between the City of Paris and the
Texas Department of Housing and Community Affairs. The following is a cost estimate by line
for the services to be provided:
I) Act asLiason with LenderIBuilders $1,000
2) Screen HBA Applicants for Eligibility $2,000
3) Obtain all Loan Documents $2,000
4) Obtain Earnest Money/Sales Contract $2,000
5) Provide MEC Pack for New Construction $1,000
6) Perform Pre and Post Inspection! Punch List $2,500
7) Prepare Real Estate Note! Deed of Trust $1500
8) Request Payment! Documents for Closing $2,000
9) File City's Deed $1,500
TOTAL COST
$15,500
PATECCON
PART IV
TERMS AND CONDITIONS
PROFESSIONAL MANAGEMENT, ENGINEERING AND/OR ARCHITECTURAL SERVICES
1. Termination of Contract for Cause. If, through any cause, the Firm shall fail to fulfill in
a timely and proper manner his/her obligations under this Contract, or if the Firm shall
violate any of the covenants, agreements, or stipulations of this Contract, the
City/County shall thereupon have the right to terminate this Contract by giving written
notice to the Firm of such termination and specifying the effective date thereof, at
least five 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 the Firm under this Contract shall, at the option
of the City/County, become its property and the Firm shall be entitled to receive just
and equitable compensation for any work satisfactorily completed hereunder.
Notwithstanding the above, the Firm shall not be relieved of liability to the City/County
for damages sustained by the City/County by virtue of any breach of the Contract by
the Firm, and the City/County may withhold any payments to the Firm for the purpose
of set-off until such time as the exact amount of damages due the City/County from
the Firm is determined.
2. Termination for Convenience of the City/County. The City/County may tenminate this
Contract at any time by giving at least ten (10) days notice in writing to the Firm. If the
Contract is terminated by the City/County as provided herein, the Firm 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 the Firm. Paragraph 1 hereof relative to tenmination shall
apply.
3. Chanoes. The City/County may, from time to time, request changes in the scope of
the services of the Firm to be performed hereunder. Such changes, including any
increase or decrease in the amount of lt1e Firm's compensation, which are mutually
agreed upon by and betweer: the City/County and the Firm, shall be incorporated In
written amendments to this Contract
4. Personnel.
a. The Firm represents lt1al he/she has. or will secure at his own expense. all
personnel required In performIng lt1e services under thiS Contract. 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 Firm or under
his/her supervision and all personnel engaged in the work shall be fully
qualified and shall be ault10nzed 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/County. Any work or services
subcontracted hereunder shall be specified by written contract or agreement
and shall be subject to each prOVISion of this Contract.
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5. Assionability. The Firm 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/County lt1ereto: Provided. however, that daims for
money by the Firm from the City/County under this Contract 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.
6. Reports and Information. The Firm, 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 Contract, the
costs and obligations incurred or to be incurred in connection therewith, and any other
matters covered by this Contract.
7. Records and Audits. The Firm shall insure that the City/County maintains fiscal
records and supporting documentation for all expenditures of funds made under this
contract in a manner which conforms to OMS Circular A-B7, Section 570.490 of the
Regulations, and this Contract. 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 Contract. City/County shall retain such
records, and any supporting documentation, for the greater of three years from
closeout of the Contract or the period required by other applicable laws and
regulations.
8. FindinQs Confidential. All of the reports, information, data, etc., prepared or
assembled by the Firm under this contract are confidential and the Firm agrees that
they shall not be made available to any individual or organization without the prior
written approval of the City/CQunty.
9. Copvrioht. 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 the
Firm.
10. Compliance with Local Laws. The Firm shall comply with all applicable laws,
ordinances and codes of the State and local governments, and the Firm 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 Contract.
11 Eoual Emplovment Opportunity. During the performance of this Contract, the Firm
agrees as follows:
a. The Firm will not discriminate against any employee or applicant for
employment because of race, creed, sex, color, handicap or national origin.
The Firm 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, handicap 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 tenmination; rates of
payor other forms of compensation; and selection for training, including
apprenticeship. The Firm agrees to post in conspicuous places, available to
employees and applicants for employment, notices to be provided by the
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City/County setting forth the provisions of this non-discrimination clause.
b. The Firm will, in all solicitation or advertisements for employees placed by or
on behalf of the Firm, state lt1at all qualified applicants will receive
consideration for employment without regard to race, creed, color, sex,
handicap or national original.
c. The Firm 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. The Firm will include the provisions a. through c. in every subcontract or
purchase order unless exempted.
12. Civil Riohts 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 HousinQ and Community Development Act of 1974.
a. 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 Trainino, 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.
1701 u. 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 !rom complying with
these requirements.
c. The contractor 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 dause
and shall post copies of the notice in conspicuous places available to
employees and applicants for employment or training.
d. The contractor will indude 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 lt1at the subcontractor is in violation of
regulations issued by the Secretary of Housing and Urban Development, 24
C.F.R. Part 135. The contractor 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 contract, 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. The contractor 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. The
contractor 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: Employment, upgrading, demotion or transfer,
recruitment, advertising, layoff or tennination, rates of payor other forms of
compensation, and selection for training, including apprenticeship.
b. The contractor 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 the contractor's non-compliance with the requirements of thiS
dause, actions for non-compliance may be taken in a=rdance with the rules,
regulations, and relevant orders of the Secretary of Labor issued pursuant to
the Act.
d. The contractor agrees to post in conspicuous places, available to employees
and applicants for employment, notices in a form to be prescribed by tne
Director, provided by or through the contracting officer. Such notices shall
state the contractor'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.
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e. The contractor 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
Rehabilitation Act of 1973, and is committed to take affirmative action to
employ and advance in employment physically and mentally handicapped
individuals.
f. The contractor will include the provisions of this clause in every subcontract or
purchase order of $2,500 or more unless exempted by rules, regulations, 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/County. 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 the planning and carrying out of
the program, shall have any personal financial interest, direct or indirect, in this
Contract. and the Firm 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 the Firm
shall take appropriate steps to assure compliance.
18. Interest of Firm and Emplovees. The Firm covenants that he/she presently has no
interest and shall not acquire interest, director 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 hislher services hereunder. The Firm further covenants that in the
performance of this Contract, no person having any such interest shall be employed.
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