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2000-034-RES APPROVING AND AUTHORIZING THE EXECUTION OF CONTRACT WITH R.I.M. ENTERPRISES RESOLUTION NO. 2000-034 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 CONSTRUCTION SERVICES IN CONNECTION WITH THE CITY'S OWNER OCCUPIED REHABILITATION PROGRAM UNDER THE TEXAS HOME INVESTMENT PARTNERSHIP PROGRAM (HOME) GRANTj MAKING OTHER FINDINGS AND PROVISIONS RELATED TO THE SUBJECTj AND DECLARING AN EFFECTIVE DATE. WHEREAS, the City Council of the City of Paris did heretofore, on the 14th day of February, 2000, in Resolution No. 2000-017, authorize an application to be made to the Texas Department of Housing and Community Affairs under the Texas HOME Investment Partnership Program for the Owner Occupied Assistance Fund Grant; and, WHEREAS, upon approval, the City of Paris will be in need of construction services under the Texas HOME Investment Partnership Program funded in said grant; and, WHEREAS, Robert Jones, President of RJ.M. Enterprises, Inc., has made a Response to Request for Proposal for construction services for the Owner Occupied Rehabilitation Program the amount of $18,000.00, 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, PARIS, TEXAS: 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 Owner Occupied Rehabilitation Program Management Services, submitted by R.1.M. Enterprises, Inc., for construction services, in the amount of $18,000.00, under the Texas HOME Investment Partnership Program, to be funded by the Owner Occupied Assistance Fund Grant, be, and the same is hereby, accepted. Section 3. That the form of the Contract for Construction Services, 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 Construction Services 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 10th day of April, 2000. ATTEST: Charles H. Neeley, Mayor ~~,,', )~, ,~~__J Mattie Cunningham, City Clerk . APPROVED AS TO FORM: CONTRACT FOR CONSTRUCTION SERVICES PART 1- AGREEMENT THIS AGREEMENT, made and entered into this 10th day of April, 2000, by and between the CITY OF PARIS, State of Texas (hereinafter called the "CITY"), acting herein by Mayor Jerry Boatner, hereunto duly authorized, and R.LM. 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 (HOME), and; WHEREAS, the City desires to utilize the services ofRJ.M. Enterprises, Inc. to render certain construction services in connection with the City's Owner Occupied Rehabilitation 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 ofR.LM. Enterprises will commence, and this contract is contengent upon approval of the City's application submitted on March 17, 2000, on the date stated in the subsequent contract when! if approved. 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. LM. Enterprises by the City and its agencies. No charges will be made to R.LM. for such information and the City will cooperate with R.LM. 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 Eighteen Thousand Dollars ($18,000). 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 PART III of this agreement. 5. Indemnification RLM. Enterprises, Inc. shall comply with the requirements of all applicable laws, rules and regulations, and shall exonerate, indemnifY, and hold hannIess 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 perfonnable 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. f. City shall provide consultant with office and record storage space, and clerical support as necessary to cany out the administration of this grant. 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. Charles H. Neeley, Mayor Robert L. Jones, Jr., President Mattie Cunningham, City Secretary PART II SCOPE OF SERVICES DETAILED CONSTRUCTION SERVICES SUMMARY I. Pre-Construction Activities a. solicit contractor applications b. screen contractor c. review application information d. review ownership/ income papers 2. Pre Construction Management a. draft rehabilitation specs with owner b. assist owner select a contractor or c. prepare bid pack d. review response to request for bid e. obtain approval from Housing Board f prepare all contract documents g. obtain signatures from owner and contractor h. assist owner to issue Notice to Proceed 3. Construction Management a. provide interim inspections b. review for approval all owner requests and change orders c. prepare change-orders for signatures d. supetvise complaint procedures and follow-up 5. Post Construction Manal!ement a. prepare all completion documents b. assist owner in close out c. obtain I year waranty from contractor d. Request City staff to cut checks e. provide checks for 90%, and 100% completion PART III PROJECT COST ESTIMATES R.LM. Enterprises proposes to provide all required construction services necessary to implement the City of Paris TCDP project from pre to post construction for a total cost of Eighteen Thousand, ($18,000). R.LM Enterprises will assume full responsibility for the construction management 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) Review application """""."..""."""""""".""""."."."".$2,000. 2) Develop Work write-up/ Replacement..."".".""""""""".$2,000. 3) Develop all contract papers """"".""""""""".""."""" $2,000. 4) Pre-Interim & Post Inspections""""""""."."""""."""".$2,000. 5) Assist in final acceptance""."""""".""".".""""."""".".$2,000. 6) Prepare close out papers.".""""""""""""""."."""."." .$2,000. 7) Prepare check request "".".""""""".""."""."""""""" $2,000. 8) Issue checks to owner when appropriate""".".""""".".".$2,000. 9) Prepare! file lien documentL"""""".""""""""".".""",,$2,000. TOTAL COST $18,000. 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 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 (101 days notice in writing to the Firm. If the Contract is terminated by the City/County as provided herein, the Finn 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 Finn. 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 the Finn'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 that he/sne has. or will secure at his own expense, all personnel required In performing tne services under thiS Contract Such personnel shall not be emploYe<ls 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 hislher supervision and all personnel engaged in the work shall be fully qualified and shall be authonzed or pennllted 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 written 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. AssiQnabilitv. 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 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 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-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 doseout 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. CODvrioht. 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. ComDliance 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 Emolovment Opportunitv. During the performance of this Contract, the FIrTT1 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 ongln. 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 termination; 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 CitylCounty setting forth the provisions of this non-discrimination dause. b. The Firm will, in all solicitation or advertisements for employees placed by or on behalf of the Firm, 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 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 TraininQ. Emplovment 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 wor1<;ers with which he/she has a collective bargaining agreement or other contract or understanding, if any, a notice advising the said labor organizahon ". or wor1<ers' 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 dause in every subcontract for wor1< 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 that 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 Wor1<ers. 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 termination, rates of payor other forms of compensation, and selection for training, induding 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 accordance with the rules. regulations, and relevant orders of the Secretary of Labor issued pursuant to the Act. d. The contractor agrees to post in consp'cuous 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 ano applicants for employment, and the nghts of applicants and employees. . . . e. The rontractor will notify each labor union or representative of workers with which it has a rollective bargaining agreement or other contract understanding, that the contractor is bound by the terms of Section 503 of Rehabilitation Act of 1973, and is rommitted to take affirmative 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 subrontractor 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-rompliance. 16. Interest of Members of a CitvfCountv. No member of the governing body of the City/County and no other officer, employee, or agent of the CityfCounty who exercises any functions or responsibilities in ronnection 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 rompliance. 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 ronnection 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 rompliance. 18. Interest of Firm and Emolovees. The Firm rovenants that hefshe 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 ronflict in any manner or degree with the performance of hisfher services hereunder. The Firm further rovenants that in the performance of this CO!1tract, no person having any such interest shall be employed.