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1999-090-TEXAS DEPARTMENT OF HOUSING AND COMMUNITY AFFAIRS HOME PROGRAM HOME BUYER ASSISTANCE CONTRACT 539076 RESOLUTION NO. 99-090 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 for the Homebuyer Assistance Fund Grant under the Texas Home Investment Partnership Program; and, WHEREAS, the Texas Department of Housing and Community Affairs has issued its Agreement in connection with a Homebuyer Assistance Program Award entitled "Texas Department of Housing and Community Affairs Home Program Homebuyer Assistance Contract No. 539076" for the period beginning July 1, 1999, ending December 31, 2000, in the total amount of $130,000.00, with no matching contribution; and, WHEREAS, it is deemed to be in the best interests of the citizens of Paris that the City of Paris accept said Agreement in connection with a Homebuyer Assistance Program A ward for funds to carry out the reduction of loan fees and down payments for fIrst time home buyers in the City of Paris; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PARIS, that the Homebuyer Assistance Fund Grant in the total amount of $130,000.00 with no matching contribution be, and the same is hereby, accepted; 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 "Texas Department of Housing and Community Affairs Home Program Home Buyer Assistance Contract No. 539076" under the terms and conditions and in the form shown in Exhibit A, attached hereto. PASSED AND ADOPTED this 12th day of July, 1999. Charles H. Neeley, Mayor ATTEST: '-m~~,.~ ~..._.....:. -~~ Mattie Cunningham, City Clerk APPROVED AS TO FORM: ~~ AA~ Stephanie H. Harris Assistant City Attorney TEXAS DEPARTMENT OF HOUSING AND COMMUNITY AFFAIRS HOME PROGRAM CONTRACT No. 539076 HOMEBUYER ASSISTANCE WITH CITY OF PARIS This AGREEMENT IN CONNECTION WITH A HOME BUYER ASSISTANCE PROGRAM AWARD ("Contract"), is made and entered into by and between the TEXAS DEPARTMENT OF HOUSING AND COMMUNITY AFFAIRS, a public and official department of Ihe Stllte of Texas, ("Department"), and the CITY OF PARIS ("Administrator"), herein collectively referred to as "Parties". For and in consideration of the promises herein made, llnd the mutual benefits derived and to be derived, the Parties hereto agree and by execution hereof are bound to the mutulll obligations and to the performance and accomplishment of the tasks which are the substance of this Contract. ARTICLE I Contract Period This Contract shall be effective and commence on July 1, 1999, and shall terminate on December 31,2000, unless otherwise specifically provided herein ("Contract Period"). ARTICLE 2 Administrator Performance Administrator agrees to administer a HOMEBUYER ASSISTANCE Award in accordance with the HOME Investment Partnerships Act of 1990, 42 U.S.C. 1272] - 12839 (the "Act"); implementing regulations, 24 C.F.R. part 92; Tex. Gov't Code Ann. ~ 2306 (Vernon 1988), the HOME Investment Partnerships Program Rules, 10 TAC ~ 53.50 et seq. (the "HOME Rules"), the I-laME Program Guidelines llnd the Application Package. Administrator agrees to perform all activities in accordance with the terms of the Performance Statement submitted to Department by Administrator attached hereto as Exhibit A; the Budget attached hereto as Exhibit B; the Applicable Laws and Regulations attllched hereto llS Exhibit C; the Certifications attached hereto as Exhibit D; Performance Timetable attached hereto as Exhibit E; all said Exhibits incorporated herein for all relevant purposes; the assurances, certifications, and all other statements made by Administrator in its application for the project funded under this Contract; and with all other terms, provisions, and requirements herein set forth. ARTICLE 3 Department Obligations 3.1. Department agrees to be liable for llctual and reasonable costs incurred by Administrator, during the Contract Period, for performances rendered under this Contract by Administrator, subject to the limitations set forth in this Article. . A. It is expressly understood and agreed by the Parties hereto that Department's obligations under this Article 3 are contingent upon the full and satisfactory performance by Administrator of the activities herein described and the actual receipt by Department of adequate federal funds to meet Department's liabilities under this Contract. If adequate funds are not available to make payments under this Contract, Department shall notify Administrator in writing within a EXHIBIT A reasonable time after such fact is determined. In that event, this Contract shall terminate and neither Party shall have any furlher rights or obligations hereunder. B. Department shall not be liable to Administrator for any costs incurred by Administrator, which have been paid to Administrator or are subject to payment to Administrator, or have been reimbursed to Administrator or are subject to reimbursement to Administrator, by any source other than Department. C. Department shall not be liable to Administrator for any costs incurred by Administrator which are not allowable costs, as set forth in 24 C,F.R. part 92 and Article 5 of this Contract. Funds provided under this Contract may not be used for payment of prohibited activities as those activities are defined. Id. D. Department shall not be liable to Administrator for any costs incurred by Administrator or for any performances rendered by Administrator which are not strictly in accordance with the terms of this Contract, including the terms of Exhibit A, Exhibit B, Exhibit C, Exhibit D, and Exhibit E of this Contract. E. Department shall not be liable for costs incurred or performances rendered by Administrator before the effective date of this Contract or after termination of this Contract. 3.2. Notwithstanding any other provision of this Contract to the contrary, the total of all payments and other obligations incurred by Department under this Contract shall not exceed the sum ONE HUNDRED THIRTY THOUSAND AND NO/toO DOLLARS ($130,000.00), ARTICLE 4 Disbursement Of Funds 4.1. Department shall reimburse Administrator for eligible costs incurred under this Contract in accordance with the requirements of24 C.F.R. part 92. Administrator agrees to attend an implementation workshop after the execution of this Contract and prior to the disbursement of any funds under this Contract. Administrator may not request disbursement of funds under this Contract until the funds are needed for actual payment of eligible costs. The amount of each request must be limited to the amount needed to pay expenditures actually incurred to date. 4.2. It is expressly understood and agreed by the Parties hereto that payments under this Contract are contingent upon Administrator's full and satist:1ctory performance of its obligations under this Contract. Department reserves the right to recapture funds provided under this Contract in the event Department determines that Administrator will be unable to expend all funds awarded within the Contract Period. Administrator acknowledges that in the event Administrator is unable to perform in. accordance with the Performance Statement or Performance Timetable, Administrator shall terminate this Contract and surrender Administrator's rights to any remaining funds. 4.3. It is expressly understood and agreed by the Parties hereto that any right or remedy provided for in this Article 4, or in any other provision of this Contract, shall not preclude the exercise of any other right or remedy under this Contract or under any provision of law. Nor shall any action taken in the exercise of any right or remedy be deemed a waiver of any other right or remedy. Failure to exercise any right or remedy hereunder shall not constitute a waiver of the right to exercise that or any other right or remedy at any time. ."'~' 539076 Page 2 of 17 ARTICLE 5 Uniform Administrative Reauirements. Cost Principles and Program Income 5.1. If Administrator is a governmental entity then Administrator shall comply with the requirements of 24 C.F.R. part 85, the OMS Circulars therein referenced, and 24 C.F.R. part 92 as applicable. Administrator shall maintain records of the receipt, accrual, and disposition of all program income in the same manner as required for all other funds under this Contract. Administrator shall provide reports of program income as requested by Department during the Contract Period and at the termination of this Contract. 5.2. If Administrator is a non-profit organization, Administrator shall comply with requirements of24 C.F.R. part 84, the OMS Circulars therein referenced, and 24 C.F,R. part 92 as applicable. ARTICLE 6 Retention And Accessibilitv Of Records 6.], Administrator must establish and maintain sufficient records, as determined by Department, including but not limited to those listed under 24 C.F.R. part 92, 6.2. Administrator agrees that the Department, the Comptroller of the United States, or any of their duly authorized representatives, shall have the right to access and to examine all books, accounts, records, reports, files, and other papers or property belonging to or in use by Administrator pertaining to this Contract. Administrator agrees to maintain such records at the following address: 135 I" South East Paris, Tx 75461. 6.3. All records pertinent to this Contract shall be retained by Administrator for a period of five years following the date of I-IUD's close-out of the Department's program funding year, with the following exceptions: A. If any litigation, claim, negotiation, audit, monitoring, inspection or other action has started before the expiration of the required record retention period records must be retained until completion of the action and resolution of all issues which arise from it, or until the end of the required period, whichever is later. S. Records covering displacement and acquisitions must be retained for five years after the date by which all persons displaced from the property and all persons whose property is acquired for the project have received the final payment to which they are entitled in accordance with 24 C.F.R. part 92. C. For rental housing projects, records may be retained for five years after the project completion date; except that records of individual tenant income verifications, project rents and project inspections must be retained for the most recent five year period, until five years after the affordability period terminates. D. For homeownership housing projects, records may be retained for five years after the project completion date, except for documents imposing recapture/resale restrictions which must be retained for five years after the affordability period terminates. E. For tenant based rental assistance projects, records must be retained five years after the period of rental assistance terminates. 6.4. Administrator shall include the substance of this Article 6 in all of its subcontracts. .~.t Administrator acknowledges that Department is subject to the Texas Open Records Act and must provide citiiens, public agencies, and other interested parties with reasonable access to all records pertaining to this transaction. Aqministrator agrees to cooperate with Department, as applicable, in this regard. . .~'", 539076 Page 3 of 17 ARTICLE 7 Reporting ReQuirements 7.1. Administrator shall submit to Department such reports on the operation and performance of this Contract as may be required by Department, including but not limited to the reports specified in this Article 7. Administrator shall provide Department with all reports necessary for Department's compliance with 24 C.F.R. part 92. 7.2. In addition to the limitations on liability otherwise specified in this Contract, it is expressly understood and agreed by the Parties hereto that if Administrator fails to submit to Department in a timely and satisfactory manner any report required by this Contract, Department may, at its sole option and in its sole discretion, withhold any or all payments otherwise due or requested by Administrator hereunder. If Department withholds such payments, it shall notify Administrator in writing of its decision, the reasons for this action and the time period in which Administrator must bring itself into compliance. Payments withheld pursuant to this paragraph may be held by Department until such time as the Administrator is in compliance with the requirements for which funds are being withheld. If Administrator fails to perform as required within the stated cure period, Department may terminate this Contract and Administrator hercby agrees and acknowledges that upon termination, Administrator's rights to any funds shall be terminated. ARTICLE 8 Monitoring The Department reserves the right, from timc to time, to carry out field inspections to ensure compliance with the requirements of this Contract. Administrator shall attcnd an implementation workshop, as scheduled by the Department. After each monitoring visit, Department shall provide Administrator with a written report of the monitor's findings. If the monitoring reports note deficiencies in Administrator's performance under the terms of this Contract, the monitoring report shall includc requirements for the timely correction of such deficiencies by Administrator. Failure by Administrator to take the action specified in the monitoring report may be cause for suspension, termination or repayment of this Contract, as provided in Articles 16, 17 and Article 18 of this Contract. ARTICLE 9 I ndellendent Contractor It is expressly understood and agreed by the Parties hereto that Department is contracting with Administrator as an Independent Contractor, und that Administrator, as such, agrees to hold Department harmless and to indemnity Department from and against any and all claims, demands, and causes of action of every kind and character which may be asserted by any third party occurring or in any way incident to, arising out of, or in connection with the services to be performed by Administrator under this Contract. . .:. 539076 Page 4 of 17 ARTICLE 10 Subcontracts 10.1. Administrator shall only subcontract for performance of activities described in this Contract after Administrator has submitted a Subcontractor Eligibility form, as specified by Department, for each such proposed subcontract, and Administrator has obtained Department's prior written approval, based on the information submitted, of Administrator's intent to enter into such proposed subcontract. Administrator, in subcontracting for any activities described in this Contract, expressly understands that in entering into such subcontracts, Department is in no way liable to Administrator's subcontractor(s). 10.2. In no event shall any provision of this Article 10, specifically the requirement that Administrator obtain Department's prior written approval ofa subcontractor's eligibility, be construed as relieving Administrator of the responsibility for ensuring that the performances rendered under all subcontracts are rendered so as to comply with all of the terms of this Contract, as if such performances rendered were rendered by Administrator. Department's approval under this Article 10 does not constitute adoption, ratification, or acceptance of Administrator's or subcontractor's performance hereunder. Department maintains the right to insist upon Administrator's full compliance with the terms of this Contract, and by the act of approval under this Article, Department does not waive any right of action which may exist or which may subsequently accrue to Department under this Contract. 10.3 Administrator shall comply with all applicable federal, state, and local laws, regulations, and ordinances for making procurements under this Contract. Administrator shall ensure compliance with applicable provisions under 24 C.r-.R. parts 84 or 85, and OMB Circulars referenced therein, in the procurement of property and services. ARTICLE 11 Contlict Of Interest No person who is: (I) an employee, agent, consultant, officer or elected or appointed official of the State of Texas, or of any applicant that receives funds, and who exercises or has exercised any functions or responsibilities with respect to activities assistcd with funds provided under this Contract; or (2) in a position to participate in a decision making process, or gain inside inFormation with regard to such activities, may obtain a personal or financial interest or benefit from a HOME assisted activity, or have an interest in any contract, subcontract, or agreement (or the proceeds thereof) with respect to a HOME assisted activity either for themselves or those with whom they have family or business ties, during their tenure or for one year thereafter; or (3) in dispute with the Department regarding program compliance or administration of program funds under federal or state programs, may be employed in any capacity by the Administrator or any subcontractor hired by Administrator during the Contract term. Even the appearance of impropriety determined by the Department in its sole discretion, related to any Department program must be avoided. ARTICLE 12 Nondiscrimination And Sectarian Activitv 12.1 Administrator shall ensure that no person shall, on the grounds of race, color, religion, sex, handicap, familial status, or national origin, 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 provided under this Contract. In addition, funds provided under this Contract must be made available in accordance with the requirements of Section 3 of the Housing and Urban Development Act of 1968 at 12 U.S.C. 170 lu that: A. to the greatest extent feasible, opportunities for training and employment arising in connection with the planning and carrying out of any project assisted with HOME funds provided under this ..,~ 539076 Page 5 or 17 Contract be given to low-income persons residing within the general local government area or metropolitan area or non-metropolitan county in which the project is located; and B. to the greatest extent feasible, contracts for work to be performed in connection with any such project be awarded to business concerns, including, but not limited to individuals or firms doing business in the field of planning, consulting, design, architecture, building construction, rehabilitation, maintenance, or repair, which are located in or owned in substantial part by persons residing in the same metropolitan area or non-metropolitan county as the project. ]2.2. Funds provided under this Contract may not be provided to primarily religious organizations, such as churches, for any activity including secular activities. In addition, funds provided under this Contract may not be used by primarily religious organizations, or to assist primarily religious organizations, in acquiring housing. The completed housing project must be used exclusively by the owner entity for secular purposes and must be available to all persons regardless of religion. There must be no religious or membership criteria for tenants of the property as specified in 24 C.F.R, part 92. ARTICLE 13 Legal Authoritv 13.1 Administrator assures and guarantees Department that Administrator possesses the legal authority to enter into this Contract, to receive funds authorized by this Contract, and to perform the services Administrator has obligated itself to perform under this Contract. 13.2 The person(s) signing and executing this Contract on behalf of Administrator, does hereby warrant and guarantee that he is duly authorized by Administrator to execute this Contract on behalf of Administrator and to validly and legally bind Administrator to all the terms, performances, and provisions of this Contract. 13.3. Administrator shall not employ, award contracts to, or fund any person that has been debarred, suspended, proposed for debarment, or placed on ineligibility status by U. S. Department of Housing and Urban Development. In addition, Department shall have the right to suspend or terminate this Contract if Administrator is debarred, suspended, proposed for debarment, or is otherwise ineligible from participating in the HOME Program. Administrator acknowledges and agrees that this Section 13.3 specifically includes, but is not limited to, consultants hired by Administrator to assist Administrator in any aspect relative to the activities of this Contract. ARTICLE 14 Litigation And Claims Administrator shall give Department immediate notice, in writing, of the occurrence of any of the following events: 1) any action, including any proceeding before an administrative agency, filed against Administrator in connection with th is Contract; and 2) any claim against Administrator, the cost and expense of which Administrator may be entitled to be reimbursed by Department. Except as otherwise directed by Department, Administrator shall furnish immediately to Department copies of all pertinent papers received by Administrator with respect to such action or claim. '.......' 539076 Page 6 of 17 ARTICLE 15 Changes And Amendments 15. I. Except as specifically provided otherwise in this Contract, any changes, additions, or deletions to the terms of this Contract shall be in writing and executed by both Parties to this Contract. An executed facsimile copy will be sufficient to evidence the Parties agreement to any amendment, revision or change to this Contract. 15.2 It is understood and agreed by the Parties hereto that performance of all activities under this Contract must be rendered in accordance with the Act, the regulations promulgated under the Act, the assurances and certifications made to Department by Administrator, and the assurances and certifications made to the United States Department of Housing and Urban Development by the State of Texas with regard to the operation of the HOME Program. Based on these considerations, and in order to ensure the legal and effective performance of this Contract by both Parties, the Parties herein agree that the activitics under this Contract are amended by the provisions of the I-IOME Program Guidclines and Application ("Manual") and any amendments thereto, and may be further amended in the following manncr; A. Department may, from time to time during the Contract Period, issue policy directives which serve to establish, interpret, or clarify the performance requirements under this Contract. Such policy directives shall: J, be promulgated by the Manager of the I-laME program in the form of HOME issuances; 2. have the effect of qualifying the terms of this Contract; and 3. be binding upon Administrator as if written herein. B. Provided, however, that said policy directives and any amendments to said Manual shall not alter the terms of this Contract so as to release Department of any obligation specified in Article 3 of this Contract to reimburse costs incurred by Administrator prior to the effective date of said amendment or policy directive. J 5.3 Any changes, additions, or deletions to the terms of this Contract which are required by changes in federal or state law, or regulations, are automatically incorporated into this Contract without the requirement of a written amendment hereto, and shall become effective on the date designated by such law or regulation. ARTICLE 16 Suspension In the event Administrator fails to comply with any term of this Contract, Department may, upon written notification to Administrator, suspend this Contrnct in whole or in part, withhold further payments to Administrator, and prohibit Administrator from incurring additional obligations for funds under this Contract. Administrator acknowledges that it does not have a right to suspension as a pre-requisite to termination. ARTICLE 17 Termination The Department may terminate this Contract in whole or in part, in accordance with 24 C.F.R. part 85 and this Article J 7. In the event Administrator fails to materially comply, in Department's sole discretion and judgment, with any term of this Contract, or any term stated in a federal statute or regulation, or with any assurance given to Department by Administrator, or with any term in a state plan, or with Administrator's application, the notice of award, Administrator's Performance Timetable or elsewhere, Department may take any of the following actions: <.-: ' 539076 Page 7 of 17 A. temporarily withhold cash payments pending correction of the deficiency by the Administrator; B. disallow all or part of the cost of the activity or action not in compliance; C. suspend this Contract upon written notification to Administrator of the deficiency and the period within which Administrator must comply; D. accept Administrator's failure to comply or correct any deficiency within the time period set forth in any written notice of suspension as evidence of Administrator's inability to perform under the terms of this Contract, Administrator's intent to terminate this Contract and Administrator's agreement to surrender all rights 10 remaining funds; E. withhold furthcr HOME nwards from Administrator; F. take more severe enforcement action ngainst Administrator by taking any other remedies that may be legally avnilnble to Department, as determined by Department, to assure complinnce with the terms of this Contract. ARTICLE 18 Audit 18.1. Unless otherwise directed by Department, Administrator shall arrange for the performance of an annual financial and compliance audit of funds received and performnnces rendered under this Contract, subject to the following conditions and limitations: A. Administrator shall hnve an audit conducted in accordance with 24 C.F,R. part 92, 24 C.F.R. parts 44 and 45, and all OMB circulars referenced therein, and 31 U.S.C. 7501 for any of its fiscal years included within the Contract Period specified in Article I of this Contract in which Administrator receives more than $300,000 in federal financial assistance provided by a federal agency in the form of grants, contracts, loans, loan guarantees, property, cooperative agreements, interest subsidies, insurance or direct appropriations, but does not include direct federal cash assistance to individuals. The term federal financial assistance includes awards of financial assistance received directly from federal agencies, or indirectly through other units of State and local government. B. At the option of Administrator, each audit required by this section may cover either Administrator's entire operations or each department, agency, or establishment of Administrator which received, expended, or otherwise administered federal funds. C. Notwithstanding anything to the contrary in Article 3, Sections 3.10 mid 3.1 E, Administrator may utilize funds budgeted under this Contract to pay for that portion of the cost of such audit services properly allocable to the activities funded by Department under this Contract. Provided, however, Department shall not make payment lor the cost of such audit services until Department has received the audit report from Administrator, D. Unless otherwise specifically authorized by Department in writing, Administrator shall submit the report of such audit to Department within thirty (30) days after completion of the audit, but no later than one (1) year after the end of each fiscal period included within the period of this Contract. Audits performed under Subsection A of this Article 18 are subject to review and to direction on resolution of findings by Department or its authorized representative, .. E. As part of its audit, Administrator shall verify expenditures according to the Budget, if any, ,Httached as Exhibit B. ''i: . 539076 Page 8 of 17 18.2 Notwithstanding anything in Article 18.1 to the contrary, Department reserves the right to conduct an annual financial and compliance audit of funds received and performances rendered under this Contract. Administrator agrees to permit Department, or its authorized representative, to audit Administrator's records and to obtain any documents, materials, or information necessary to facilitate such audit. 18.3. Administrator understands and agrees that it shall be liable to Department for any costs disallowed pursuant to financial and compliance audit(s) of funds received under this Contract. Administrator further understands and agrees that reimbursement to Department of such disallowed costs shall be paid by Administrator from funds which were not provided or otherwise made available to Administrator under this Contract. 18.4 Administrator shall take all necessary actions to facilitate the performance of such audit or audits conducted pursuant to this Article 18 as Department may requirc of Administrator. 18.5. All approvcd I-IOME audit rcports shall be made available for public inspection within 30 days after completion of the audit. ARTICLE 19 Environmental Clearance Requirements The Environmental effects of each activity carried out with I-IOME funds must be assessed in accordance with the provisions of the I-IOME Implementation Manual, National Environmental Policy Act of 1969 and the related authorities listed in HUD's implementing regulations at 24 C.F.R. parts 50 and 58. Such assessment shall be performed by Administrator with the assistance of Department. The assessment must be satisfactory to Department at its sole discretion. ARTICLE 20 Labor Standards All laborers and mechanics (except laborers and mechanics employed by Administrator while acting as the principal Administrator on the project) employed in the rehabilitation of a project assisted under this Contract, that contains 12 or more I-IOME assisted units, shall be paid wages at ratcs not less than those prevailing on similar rehabilitation projects in the locality, if such a rate category exists, or the appropriate rate as determined by the Secretary of Labor in accordance with the Davis-Bacon Act, 40 U.S.C. 276a-276a-5. Contracts involving their employment shall be subject to the provisions, as applicable, of the Contract Work Hours and Safety Standards Act, 40 U.S.C. 328-334. Construction contractors and subcontractors must comply with regulations issued under these Acts and with other federal laws and regulations pertaining to labor standards and I-IUD Handbook Federal Labor Standards Compliance in I-lousing and Communitv Dcvelopment Programs, as applicable. ARTICLE 21 Special Conditions 21.1. Department shall not release any funds for any costs incurrcd by Administrator under this Contract until Department has received certification from Administrator that its fiscal control and fund accounting procedures are adequate to assure the proper disbursal of, and accounting for, funds provided under this Contract. Department shall specify the content and form of such certification. .. '.: . 539076 Page 9 of 17 21.2 Funds provided under this Contract must meet the affordability requirement of 24 C.F.R. part 92 as applicable, and the HOME Rules. Administrator agrees to repay all I-IOME funds governed by this Contract in the event that the project fails to comply, or ceases to comply, with the affordability requirements under this Contract. If Administrator lends HOME funds to anyone, that loan agreement, note, and mortgage must require that the affordability requirements continue to be met throughout thc term of the loan and that the affordability requirements shall be binding upon the heirs, successors, assigns, and transferees of the Administrator. 2 J.3 Administrator agrees that all repayments, including all interest and any other return on the investment of HOME funds will be made to Department. Department reserves the right to permit Administrator to retain interest or return on the investment of HOME funds for additional eligible activities by the Administrator. 21.4 Administrator shall ensure that all projects assisted with funds provided under this Contract shall meet the requirements 01'24 C.F.R, part 92 for the duration oflhis Contract. 21.5 Administrator shall adopt and submit, for Department's approval, affirmative marketing procedures and requirements. The affirmative marketing procedures and requirements shall include, but need not be limited to, those specified in 24 C,F.R. part 92. Administrator must provide Department with an annual assessment of the affirmative marketing program for the development. The assessment shall be prepared in accordance with the I-IOME Implementation Manual. 21.6, Upon termination of this Contract, all funds remaining on hand on the date of termination, and all accounts receivable attributable to the use of funds received under this Contract, shall revert to Department. Administrator shall return these assets to Department within seven (7) business days after the date of termination. 21.7 Department shall not release any funds for any costs incurred by Administrator under this Contract until Department has received from Administrator an executed, legally enforceable agreement containing remedies adequate to enforce the affordability requirements of 24 C.F.R. part 92, as applicable, with Administrator. Administrator shall record said agreement in the real property records of the county where the project is located and return the original document, duly certified as to recordation by the appropriate county official, to the Department. Receipt of such certified recorded original by the Department is required prior to disbursement of any funds under this Contract. 21.8. Funds provided under this Contract may not be used in connection with acquisition or rehabilitation of a development located in an area identified by the Federal Emergency Management Agency (FEMA) as having special flood hazards, unless the locality in which the site is located is participating in the National Flood Insurance Program or less than a year has passed since FEMA notification regarding such hazards and flood insurance is obtained as a condition of approval of the commitment. ARTICLE 22 Oral And Written Agreements All oral and written agreements between the Parties to this Contract relating to the subject matter of this Contract that were made prior to the execution of this Contract have been reduced to writing and are contained in this Contract. The attachments enumerated and denominated below are a part of this Contract and constitute promised performances under this Contract: I. Exhibit A, Performance Statement 2. Exhibit B, Budget 3. Exhibit C, Applicable Laws and Regulations 4. Exhibit D, Certifications 5. Exhibit E, Performance Timetable ,-~': ' 539076 Page to of 17 ARTICLE 23 Venue For purposes of litigation pursuant to this Contract, venue shall lie in Travis County, Texas. ARTICLE 24 Compliance With Federal. State And Local Law Administrator shall comply with all federal, state and local laws, statutes, ordinances, rules, regulations, orders and decrees of any court or administrative body or tribunal related to the activities and performances of Administrator under this Contract. Upon requcst by Department, Administrator shall furnish satisfactory proof of its compliance therewith. CITY OF I'ARIS Date: Jul y 1, 1999 By: Name: Michael E. Malone City Manager Title: TEXAS DEI' ARTMENT OF HOUSING AND COMMUNITY AFFAIRS Date: By: Daisy A. Stiner Executive Director This Contract was approved by the Board of Directors on MllY 14, 1999, and is not effective unless signed by the Executive Director of the Texas Department of Housing and Community Affairs or by his/her authorized :de~ignee. ,t'I' 539076 Page 11 oft7 TEXAS DEPARTMENT OF HOUSING AND COMMUNITY AFFAIRS EXHIBIT A PERFORMANCE STATEMENT CITY OF PARIS Administrator shall carry out the following activities identified in its 1999 HOME Program Application: HOME BUYER ASSISTANCE PROGRAM Administrator shall implement a I-Iomebuyer Assistance Program in accordance with 24 CFR Part 92. Administrator shall submit to the Department Program Policies and Procedures for Departmental approval prior to utilizing funds for this activity, Activity and any Lender shall execute a Program Agreement in a format specified by the Department. Administrator shall implement a I-Iomebuyer Assistance Program utilizing repayable loans to assist a minimum of seventeen (17) homebuyers. Each loan, not to exceed $7,500.00, will be zero (0%) interest over thirty (30) years. Each loan shall be evidenced by a 2nd Lien Note and Deed of Trust against the property and shall be repayable upon sale of the home, refinance or payoff of first lien Note, whichever is first to occur. Department shall purchase each loan originated by Lender which is in compliance with the Program Agreement and for which funds are available. In the event of sale of the home, the assisted homebuyer will repay the loan from the net proceeds of the sale. Net proceeds means the sale price for the propcrty minus first lien payoff and customary closing costs actually paid. A copy of the I-IUD closing statement must be provided. If net proceeds do not allow for the full payoff of the second lien Note, the balance of the second lien Note will be repaid in equal monthly installments over a five (5) year period, as evidenced by an unsecured Note executed by the assisted homebuyer at closing of sale. In the event of refinance, the assisted homebuyer will pay off the second lien Note from loan proceeds. In the event of payoff of the first lien Note, the assisted homebuyer will have the option of: (1) repaying the second lien Note in full; or (2) repaying what now becomes the first lien Note in equal monthly installments over a five (5) year period. Each of the assisted homebuyers shall be low income individuals or families (gross annual income must not exceed eighty (80%) percent of median income for the area as defined by (-IUD).' Each unit must, at a minimum, meet the Texas Minimum Construction Standards. ......' 539076 Page 12 of 17 MATCH No match funds. ADMINISTRATION Department will grant Administrator an amount equal to four percent (4%) or FIVE THOUSAND and NollOO Dollars ($5,000.00), in addition to the ONE HUNDRED TWENTY FIVE THOUSAND and NollOO Dollars ($125,000.00) Project Award, to cover administrative expenses incurred directly related to this Contract. Administrative fees shall be funded by the Department to Administrator based on a percentage of completion of the project. Administrator shall be allowed to draw twenty percent (20%) of the administrative fees at the initial stage of the project, with the remaining eighty percent (80%) funded on a percentage of completion basis. At any given time, the allowable administrative fees would be equal to the initial twenty percent (20%) set-up draw, n!.J!.Lthe percentage of completion draw. HOMEBUYER TRAINING PROGRAM Administrator shall submit, to the Department, Program Policies and Procedures for Departmental approval. The local Homebuyer Training Program may include, but is not limited to, Financial Management, Homebuyer Training, Education, Job Training (Placement), Health Care, and Counseling Services. Administrator shall maintain a file containing all activity relating to efforts made to guide recipients toward home ownership. .'. 539076 Page 13 of 17 , 539076 Page 14 of 17 TEXAS DEPARTMENT OF HOUSING AND COMMUNITY AFFAffiS EXHIBIT n nUHGET CITY OF PARIS DOES NOT APPLY TO THIS CONTRACT , ,........ TEXAS DEPARTMENT OF HOUSING AND COMMUNITY AFFAIRS EXHIBIT C TI-IE APPLICABLE LAWS AND REGULATIONS CITY OF PARIS Administrator shall comply with all federal, state, and local laws and regulations applicable to the activities and performances rendered by Administrator under this Contract, including but not limited to the laws and the regulations specified in Section I through VI of this Exhibit C. I. CIVIL RIGHTS In addition to The Fair Housing Act (42 U.S,C. 360 I et seq. and implementing regulations at 24 C.F.R. part 100), specific federal requirements are set forth in 24 C.F.R. part 5 II. LEAD-BASED PAINT Lead-Based Paint Poisoning Prevention Act, 42 U.S.C. ~ 4821 et seq. and 24 C.F.R. part 35 III. ENVIRONMENTAL STANDARDS The environmental effects of each activity carried out with HOME funds must be assessed in accordance with the provisions of the National Environmental Policy Act of 1969 (42 U.S.C. ~ 4321 et. seq.) and the related authorities listed in HUD's implementing regulations at 24 CFR parts 50 and 58. IV. ACOUlSITIONIRELOCA TION The Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, 42 U.S.C, ~ 420] _ 4655 and 49 C.F.R. part 24 , . ,'~'t' 539076 Page 15 of 17 TEXAS DEPARTMENT OF HOUSING AND COMMUNITY AFFAIRS EXHIBIT D Certifie:ttion Regarding Lobbying for Contracts, Grants, Loans, and Cooperative Agreements CITY OF PARIS The undersigned certifies, to the best of its knowledge and belief, that: I. 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, or modification of any federal contract, grant, loan, or cooperative agreement. 2. 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. 3. The undersigned shall require that the language of this 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 subrecipients shall certify and disclose accordingly. This certification is material representation of fact on 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 section 1352, Title 31, U.S. Code. Any pcrson who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure. Signature Authority Organization Date: ';'~ 539076 Page 16 of 17 TEXAS DEPARTMENT OF HOUSING AND COMMUNITY AFFAIRS EXHIBIT E PERFORMANCE TIMETABLE CITY OF PARIS By execution of this Contract, Administrator agrees and represents to Department as follows: Administrator will comply with timetable as specified in the Program Schedule (Exhibit E) of your 1999 HOME Homebuyer Assistance Program appl ication. All eligible program work funded by this contract must be completed by December 31, 2000. The Department reserves the right to make payment up to sixty (60) days after the contract expiration date for work performed within the contract period. . ".:' 539076 Page 17 of 17 TDHCA HOME PROGRAM_ Ide. -ification of Contract Admin. .rators Forward to: HOME Program, P.O. Box 13941. Austin, TX 78711-3941 Fax: (512) 475.3287 Administrator Information HOME Contract Number: 53907(; Name: Address: City of Pari s P.O. Box 9037 Tax 10 Number: 7560006359 Paris. Texas 75460-9037 Administrator's Fiscal Year Begins: 10/1 Ends: 9/31 HOME Program Management; identify the following: Mark the box allowing either draw or set-up approval. (The same person cannot approve both set- ups and draws.) Individual(s) authorized to execute a contract on behalf of the Administrator: Name: Thomas F. Havnes Name: Michael E. t,1alone Title: Project Director Title: City r~anager Phone: Fax: Email: Signature: (903) 785-7511 (903) 785-8519 Phone: Fax: Email: (903) 785-7511 (903) 785-8519 Approve Set-up 10 Approve Draw 0 Individual(s) responsible for day-to-day program management and reporting: Name: ~!.E. Anderson Name: Cathy Fl ippin Title: Director of Finance Title: Payro 11 Cl erk Phone: (903) 785-7511 Phone: (903) 785-7511 Fax: (903) 785-8519 Fax: (903) 735-8519 Email: jP,.JILo..@/ Sro.rt'eT'. C " '^"' Email: Signature: /!-J.z-0~ Signature: (lo~~~u?;AIl Q~ Approve Set-up 0 Approv Set-up 0 I Approve Draw i1<I Approve Draw 19 Signature: Consultant: Consultants may enter draws into HOME Online, but may not approve either setups or draws Name: Title: Phone: Fax: Email: Signature:"' Revised 6199 '-'" Approve Set-up 19 Approve Draw 0 Robert Jones President, ~IM Enterprises (903) 856-6274 (903) 856-6274 rimentinc@aol.com Name: Title: Phone: Fax: Email: Signature: .:t ~= 61'.1" I ~ __ (Aev.1-9616) TEXAS APPLICATION FOR PAYEE IDENTIFICATION NUMBER 1- For Comptroller', us. only II . Shaded areas for state agency use only . See Instructions on back . PLEASE TYPE OR PAINT IN BLACK INK YOUR NUMBERS LIKE THIS 011 23 Lf-ISIf,1718IQ 1, Is this a new account? IUI VES Mail Code 000 Complete Sections I . V D NO Enler Mall Code ITIJ Complele Sections I, /I. & V Agency number ITIJ _ 2. PAVEE IDENTIFICATION NUMBER (PINI . Indicalelhelype of number you are providing to be used for your PIN. ~ D 1 . Federal Employe(s Identificallon Number (FEIN) D 2 . Social Securily Number (SSN) D 3 - Complroller's assigned number i= Enler number Indicated 17 5 6 01 0 10 I 613 15 u ~ 3, Are you currently reporting any Texas tax to the Comptroller's office other than unemployment (e.g,. sales tax, franchise tax)? !Xl YES D NO If .YES," enler Texas Taxpayer Number) __ _ __ __ 11 I 7 15 I 61 0 0 0 6 3 5 9 C I T Y o F PAR I ~ Please I O( ,int in all UPPER 'ASE Jeners as wn below. ONE character r box. IA B CIDIE F GIHII J KILIMNOIPIQ R SITIU VIWIXIYZ II I I PAYEE INFORMATION 4. Name of Da ee indivlduel or business 10 be :>aId) (This /s a continuous line of up to 50 charactBrs, LeavB only , space between names.) = 5, Mailing address where you want 10 be paid St"e1pO ROX QO'l7 z o ;: u w Ul Zoo. 0'" CIt'lp I AIR I S I I I I I I I I I I I I I I I "".[ill ~~-EilJiUI1J 6, r-r-r-TI Payee telephone number ~/~ r::-r::T:T:l SIC Code LLLL..J Securily Iype code D (0, 1, 2) (Area code and number) L:U.!.L.1.LJ LL.J...l1l.:l.J - l.LL...:l.lll-U 7, OWNERSHIP CODES. Check only one code by the approriata ownership type that applies to you or your business. o S - Sole ownership (Individual owning a business) If checked, enler the owner's name and Social Security Number (SSN). Owner's Name D Social SecurUy Number P - Partnerhsip - If checked. enter two partner's names and Social Security Numbers (SSN), If a partner is a corporation, use the corporation's Federal Employer's Idontillcolion Number (FEIN). Name I D SSN D FEIN D Complroller no. Nom. z o i= o w Ul D I - Individual Recipient (nol owning a business) DE- 1 I I D SSN D FEIN DL- o Comptroller no. State Employee - If checked, entsr employing agency number. ---------------- ITIJ Limiled PMnership - If checked, enter Ihe Texas File Number. I I I II I I o 0 - Out-ol-State Corporation [2g G. Governmenlal Entlly o U - State agency I University o J - Joint Venture o F - Financiallnstltutlon D R - Foreign (out of U.S.A.) o T - Texas Corporation - If checked, enter the Texas Charter Number. ----- I I I I I I I I I DA- Professional Association - 11 checked, enter the Texas Chartsr Number. n_n I I, I I I I I I I o C - Professional Corporation - 11 checked. enter the Texas Charter Number. n___ I I I I I I I I I o N - Other - If checked, explain, ::: 8. Paymenl Asslgnmenl? DYES ~NO 0 Assignee PIN W I Ul .. Commenls > Z 10. sign~ AUI9;lign81 nt 0( lIuthrxlz90 llgenl) 0 ;: .:d ~" u here w 11. Agency nrwne I Ul City of Paris NOTE: A copy of the assignment agreement betwBen payses must be aUached. Assignment dale (mmddyy) ITIIIIJ Pal. Director of Finance I Prepared by R. Jones June 22 1999 Phone (At.. codfIand numbflr) (903) 785-7511 I ATTACHMENT 2-2 ~ .>.- ".,.. ~ t:=' ,(Rev. 6-9&'5) DIRECT DEPOSIT AUTHORIZATION INSTRUCTIONS . Use only BLUE or BLACK ink. . Alterations must be initialed. . Financial institution must complete Section 4. TRANSACTION TYPE . Section 7 must be completed by the paying slate agency. . Check all appropriate box(es). For further instructions, see the back of this form. (') , .' z o i= u w Ul [2g New setup o CanceUation o Interagency transfer o Exemption (Sections 2, 3 & 4) (Sections 2 & 3) (Seclions 2 & 3) (Sections 2 & 5) o Change financial institution o Change account number o Change account type (Sections 2. 3 & 4) (Sections 2, 3 & 4) (Secrions 2. 3 & 4) PAYEE IDENTlACATlON 1. SociIiIII Socuqy numb<< 0( wg7 31 5 CBI 2.Mailc:0d8tttnQfk/looon,wiJloe I N Federal Empq.er's ldenlific:alion (FEI) I 51 61 01 0 016 I compIBted by P.ytIg Sr.,. Agency} I I I z 0 3. Name 4. 8usness ~_Det i= City of Paris ( 903 )785-7511 u w 10."", Paris 17.~~. 187~46'i_9037 Ul 5.su....~85S P:O. Box 9037 AUTHORIZATION FOR SETUP, CHANGES OR CANCELLATION 9. Pursuant to Section 403.016. Texas Government Code, I authorize the Comptroller of Public Accounts to deposit by electronic transfer payments owed to me by the State of Texas and, << necessary, debit entries and adjuS1lllents for any amounts depos~ed electronically in error. The Comptroller (") shall deposit the payments In the financial institution and account designated below, I recognize that if I fail to provide complete and accurate informa- z tion on this authorization form, the processing of the form may be delayed or that my payments may be erroneously transferred electronically. o i= u w Ul I consent to and agree to comply with Ihe National Automated aaaring House Association Rules and Regulations and the Comptroller's rules about electronic transfers as they exist on the date of my signabJre on this form or as subsequently adopted. amended or repealed. 10.Au1hor1uclsignal..... ~~~ ".PrWlled~ W,E. Anderson ", FINANCIAL INSTITUTION (Must be completed by financial institution representative.) '3. Name Liberty National 8ank ofrparis '''.City Paris 15,Swe TX .., 16. ~Iransilrunber Z o I I ,I ,I I q I-I 0 I 01 5, 71-Lftj i= <> w Ul ~ 7 . CUSlOl1let KCOunC numbeI (OltsIW$ ff/lQUir<<l YES, , 11..,21(,17 Ii '8. TJ$M 01 aetlO\.If'IIo g Checking 0 Savings '- New Account .JJc: ) 785-7651 I claim exemption and request payment by stale warrant (check) because: '" 24. 0 I hold a position that is dassified below group 6 in the position dassification salary schedule. z 25. 0 I am unable to establish a qualifying account at a financial inslilUtion. 0 i= 26, 0 I certify that payment by direct deposit would be impractical and/or more cosny 10 me than payment by walTant. U w 128. Printed flame 1 29,Oal. Ul 27. Authorized Sign.lute CANCELLATION BY AGENCY [i] 30. ..,... 131.0'" PAYII'IG STATE AGENCY 32, SognalUI. JJ Prll'll80 name " Z o 34. AgtIOCy name ;:: <> W C/) 36 Comm..m 35 A9&ncr "umDltr I 37 Phone numtle. 38.0.111 ) TDHCA HOME PROGRA.... Identification of Contract Administrators Forward to: HOME Program, P.O. Box 13941, Austin, TX 78711.3941 Fax: (512) 475.3287 Administrator Information HOME Contract Number: 53907C Name: City of Pa ri s Address: P .0. Box 9037 Tax ID Number: 7560006359 Paris. Texas 75460-9037 Administrator's Fiscal Year Begins: 10/1 Ends: 9/31 HOME Program Management; identify the following: Mark the box allowing either draw or set-up approval. (The same person cannot approve both set- ups and draws.) Individual(s) authorized to execute a contract on behalf of the Administrator: Name: Thomas E. Havnes Name: Michael E. t-1alone Title: Project Director Title: City l1anager Phone: Fax: Email: Signature: (903) 785-7511 (903) 785-8519 Phone: Fax: Email: (903) 785-7511 (903) 785-8519 Approve Set-up:{] Approve Draw 0 Individual(s) responsible for day-to-day program management and reporting: Name: ~!. E. Anderson Name: Cathy Fl ippin Title: Director of Finance Title: Payroll Clerk Phone: (903) 785-7511 Phone: (903) 785-7511 Fax: (903) 7B5-8519 Fax: (903) 785-8519 Email: jbL'~^"- Email: Signature: _ Signature: Ch~,-\rlfu-P?()IY'-' Approve Set-up 0 Approve s~p 0 Approve Draw t1<j Approve Draw 19 Jle'l'\ol-u.y t, ~(."\....I\\YV Approve Set-up I5J I Approve Draw 0 Signature: Consultant: Gonsultants may enter draws into HOME Online, but may not approve either setups or draws Name: Title: Phone: Fax: Email: <';"S' Signature: Revised 6199 Robert Jones President, RIM Enterprises (903) 856-6274 (903) 856-6274 Name: Title: Phone: Fax: Email: Signature: ATTACHMENT 3-B TEXAS COMMUNITY DEVELOPMEN'r PROGRAM DEPOSITORY/AUTHORIZED SIGNATORIES DESIGNATION FORM Contractor City of Pa ri ~ TCDP Contract NO.990004 The financial lending institution listed here will serve as the depository for the Tex'!s Community Development Program contract funds: Liberty National Bank (Name of Lending Institution) 305 Lamar (Address) Paris, Texas 75460 (City, State Zip Code) Fund Account Number: The individuals listed below are designated by resolution as authorized signators for contractual documents - (At least two (2) Signatories Required) Michael E. Malone (Name) Thomas E. Havnes (Name) City Manager Project Director . (Title) ~L('>-\tLlLV f.. kh\'1 ~~ (Signature) (Title) (Signature) W.E. Anderson (Name) Ca thv Fl i Dpf'n (Name) Director of Finance . dtle) /) F ~~ (Signature) Payroll Clerk ~' c.u..-\-"-\\ p~~ \ (Signature ~~~~i~~ci;~~~.~~~~~~7~~~~i~~[li~ft~J~~lg%~'~:th' ~~~~~~~~rcoJhtr!t~6mm.iSSi.~?:ef;$'~~grt 3-18 /..'... l. i