1999-130-1999 HOUSING INFRASTRUCTURE FUND PROGRAM GRANT
RESOLUTION NO. 99-130
WHEREAS, the City Council of the City of Paris did heretofore, on the 10th day of May,
1999, in Resolution No. 99-053, which was amended on the 27th day ofJuly, 1999, by Resolution
No. 99-095, authorize an application to be made to the Texas Department of Housing and
Community Affairs under the Texas Community Development Program (TCDP) for the 1999
Housing Infrastructure Fund Program grant; and,
WHEREAS, the City Council of the City of Paris did heretofore, on the 4th day of
November, 1999, in Resolution No. 99-129, accept the Grant Award in the amount of
$399,500.00 from the Texas Department of Housing and Community Affairs for participation in
the 1999 Texas Community Development Program for the Housing Infrastructure Fund Program
grant for the purpose of funding the water/sewer improvements, street paving, and drainage
project; and,
WHEREAS, the City of Paris is in need of management services under the Texas
Community Development Programs funded in said grant; and,
WHEREAS, Robert Jones, President of R.I.M. Enterprises, Inc., has made a Response
to Request for Proposal for Housing Infrastructure Fund Grant Management Services, and it is
deemed appropriate that such proposal be accepted; and,
WHEREAS, the form of the Contract for Administrative Services, 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, that the
Response to Request for Proposal for Housing Infrastructure Fund Grant Management Services
submitted by R.I.M. Enterprises, Inc., for management services under the Texas Community
Development Program to be funded by the Housing Infrastructure Fund Grant, attached hereto
as Exhibit A, be, and the same is hereby, accepted; and,
BE IT FURTHER RESOLVED, that the form of the Contract for Administrative
Services, attached hereto as Exhibit A, be, and the same is hereby, approved; and,
BE IT FURTHER RESOLVED, 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 with R.I.M. Enterprises, Inc., under the terms and conditions and in the
form shown in Exhibit A, attached hereto.
PASSED AND ADOPTED this 4th day of November, 1999.
ffJ!}4 J8h OJ( fA )
Mary Ann Fisher, Mayor Pro Tern
ATTEST:
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Mattie Cunningham, City Cler
~TO~
Stephanie H. Harris, Asst. City Attorney
CONTRACT FOR ADMINISTRATIVE SERVICES
PART I - AGREEMENT
THIS AGREEMENT, made and entered into this 4th day of November, 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
Texas Community Development 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 Housing Infrastructure Project funded by
Texas Department of Housing and Community Affairs;
NOW, THEREFORE, the parties do mutually agree as follows:
I. Scope of Services
See Part II
2. Time of Performance
The services ofRI.M. Enterprises will commence on November 4 , 1999. In any
event, all the services required and performance hereunder shall be completed no later
than October 31, 200 I.
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 RI.M. Enterprises by the City and its
agencies. No charges will be made to RI.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.
EXHIBIT A
4. Compensation and Method of Payment
The maximum compensation and reimbursement to be paid for the services listed
above shall not exceed Thirty Eight Thousand Five Hundred Dollars. 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. A detailed estimate of costs is enclosed as Part III of this agreement.
5. Indemnification
R.I.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 of the 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.
TN WITNESS HEREOF, the parties have hereunto set their hands and seals.
CITY OF PARIS
R.LM. ENTERPRISES, INC.
Michael E. Malone, City Manager
Robert L. Jones, Jr., President
PART II
SCOPE OF SERVICES
DETAILED ADMINISTRATIVE SUMMARY
I. Pre-grant Agreement Activities
a. review TCDP contract for conformance with application
b. present contract requirements to council
c. execute all special conditions of contract
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
L 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 verity contractor eligibility
g. conduct pre-construcion conferences
h. project monitoring and periodic reporting
4. Equal Opportunity
a. Section 3 Plan and Compliance
b Affirmative Action compliance monitoring and enforcement
c. Equal Opportunity II-lousing 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 oflocality
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
9. Economic Development Function (Applicable to Texas Capital Fund Projects)
a. Monitor status of leveraged funds
b. Oversee execution oflocalloan 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 Information (Applicable to Housing Infrastructure Fund Projects)
a. Provide Forms for Buyer information
b. Screen for L/M compliance
c. Seek Homebuyer Assistance for income eligible families.
PART 11I
PROJECT COST ESTIMATES
KIM. Enterprises proposes to provide all required services and activities necessary to implement
the City of Paris TCDP/ HIF project from inception to completion for a total cost of$38,500.
R.I. M Enterprises will assume full responsibility for the administration 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) Establish Record keeping System. .......... ............ ..$2,500.
2) Complete Special Conditions......... ......... .....$3,500.
3) Environmental Requirements.. ............. ........ $2,500
4) Prepare! Submit all Reports............ ................ ............ ..$3,000
5) Oversee Bid letting and Award......................... ......... ..$5,000.
6) Construction Compliance /Davis-Bacon.......................... .$6,000.
7) FH/ EEO Compliance .............................................$2,000.
8) Prepare Closeout Documents......... ................... . ..$5,000.
9) Programatic Closure........................ .................... .....$2,500.
10) Homebuyer Screening .................... .................... ......$3,500
II) Verify Developers Expense............. ..................... . .....$3,000
TOTAL COST
$38,500
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 ttmely 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 oplion
of the City/County, become its property and the Firm shall be entitled to receive just
and equitable compensation for any wor1<. 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 terminate 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 termination shall
apply.
3. ChanQes. 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, induding any
increase or decrease in the amount of tne 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 tnat helSne has. or will secure at his own expense. all
personnel required In penormlno trle services under this Contract. Such
personnel shall not be employees ot or have any contractual relationship With
the City/County.
b. All of the services requj(ed hereunder will be performed by the Firm or under
his/her superviSion and all personnel engaged in the wor1<. shall be fully
qualified and shall be autnonzed or permitted under State and Local law to
perform such services
C. None of the wor1<. or services covered by this Contract shall be subcontracted
without the prior wntten approval of the City/County. Any wor1<. or services
subcontracted hereunder shall be speCified by written contract or agreement
and shall be subject to each provIsion of this Contract.
5 Assiqnability. The Finn 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 thereto: Provided, however, that daims for
money by the Firm from the City/County under this Contract may be assigned to a
bank, trust cbmpany, 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 Infonnation. The Finn, at such times and in such fonns 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 Finn 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 confonns to OMS Circular A-87, Section 570.490 of the
Regulations, and this Contract. Such records must indude 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/County.
9. Copyriqhl. 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 Finn shall comply with all applicable laws,
ordinances and codes of the State and local governments, and the Finn 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. Equal Emoloyment Opportunity, During the performance of this Contract, the Finn
agrees as follows:
a. The Firm will not dlscnminate against any employee or applicant for
employment because of race, creed, sex, color, handicap or nallonal ongin.
The Firm will take affinnative action to ensure that applicants are employed,
and that employees are treated dunng employment, without regard to their
race, creed, sex, color, handicap or national anglO. SUCh action shall Include,
but not be limited to, the follOWing Employment, upgrading, demotion, or
transfer; recruitment or recruitment adver1Jsing; layoff or termination; rates of
payor other forms of compensation: and selection for training, Including
apprenticeship. The Finn agrees to post ,n conspicuous places, available to
employees and applicants for employment, notices to be proVided by the
City/County setting forth the provisions of this non-discrimination clause.
b. The Firm will, in all solicitation or advertJsements for employees placed by or
on behatf of the Finn, state that 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 Riqhts 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 exduded from participation
in, be denied the benefits of, or be subjected to discrimination under any program or
activity receiYing 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 exduded 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 litle.
14. "Section 3" Compliance in the Provision of Traininq, Employment and Business
Opportunities.
a. The work to be perfonned 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 partJes 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 d'sabillty which would prevent them !rom complYing With
these requirements.
c. The contractor will send to each labor organization or representaltve 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
e The contractor will notify each labor un'on or representative of workers with
which it has a collective bargaming agreement or other contract
understanding, that the contractor is bound by the tenns of Section 503 of
Rehabilitation Act of 1973, and is committed to take affinnative action to
employ and advance in employment physically and mentally handicapped
individuals.
f. The contractor will indude the provisions of this dause 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 Finn
shall take appropriate steps to assure compliance.
18. Interest of Firm and Employees. The Finn 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 perfonnance of hislher services hereunder. The Finn further covenants that in the
performance of this COrltract, no person having any such interest shall be employed