2005-084-RES PROFESSIONAL MANAGEMENT SERVICE AGREEMENT TO IMPLEMENT A CONTRACT ADMINISTRATION SYSTEM TDHCA HOME PROGRAM
RESOLUTION NO. 2005-084
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PARIS,
PARIS, TEXAS, APPROVING AND AUTHORIZING THE
EXECUTION OF A PROFESSIONAL MANAGEMENT SERVICES
AGREEMENT TO IMPLEMENT A CONTRACT ADMINISTRATION
SYSTEM UNDER THE GENERAL DIRECTION OF THE TDHCA
HOME PROGRAM; MAKING OTHER FINDINGS AND PROVISIONS
RELATED TO THE SUBJECT; AND PROVIDING AN EFFECTIVE
DATE.
WHEREAS, the City of Paris is a participant in the TDHCA HOME program and
is a recipient of grants for the Homebuyer Assistance Project; and,
WHEREAS, the City of Paris is in need of management services under the
aforesaid TDHCA HOME Program and Homebuyer Assistance Project; and,
WHEREAS, the City of Paris has received a proposal for such services from
Resource Management & Consulting Company in the form attached hereto as Exhibit A;
and,
WHEREAS, it is deemed to be in the best interest of the City of Paris that the City
enter into a professional services agreement with Resource Management Consulting
company; 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 a Professional Management Services Agreement with Resource
Management and Consulting Company to implement a contract administration system
under the general direction of the TDHCA HOME program and for certain services in
connection with the City of Paris Homebuyer Assistance Project, a copy of which is
attached hereto as Exhibit A, be, and the same is hereby, approved and accepted and the
City Manager is hereby authorized to execute said professional services agreement on
behalf of the City of Paris.
Section 3. That this resolution shall be effective from and after its date of passage.
PASSED AND APPROVED this 25th day of July, 2005.
ATTEST:
.
"
PROFESSIONAL MANAGEMENT SERVICES
PART I - AGREEMENT
THIS AGREEMENT, entered into this day of , 20_ by and between
the CITY OF PARIS, hereinafter called the "City", acting herein by Tony Williams, City Manager hereunto
duly authorized, and Resource Management & Consulting Co., hereinafter called "Firm" acting herein by
Denise Dority.
WITNESSETH THAT:
WHEREAS, the City of Paris desires to implement a contract administration system under the
general direction of the TDHCA HOME program; and Whereas the City desires to engage Resource
Management & Consulting Co. to render certain services in connection with its Homebuyer Assistance
Project.
NOW THEREFORE, the parties do mutually agree as follows:
1, Part II, Scope of Services, is hereby incorporated by reference into this Agreement.
2. Time of Performance - The services of Resource Management & Consulting Co. shall commence on
the day this Agreement is executed. In any event, all of the services required and performed
hereunder shall be completed at the close of the City's TDHCA Contract.
3. Access to Information - It is agreed that all information, data reports and records and maps as are
existing, available and necessary for the carrying out of the work outlined above shall be furnished to
Resource Management & Consulting Co. by the City and its agencies. No charge will be made to
Resource Management & Consulting Co. for such information and the City and its agencies wili
cooperate with Firm for such information and every way possible to facilitate the performance of the
work described in the contract.
4. Compensation and Method of Payment - Compensation and reimbursement for administrative
services to be paid hereunder shall be in the amount of $12,000 or in an amount not to exceed the
available administration budget. Payment to Resource Management & Consulting Co. shall be
based on satisfactory performance of identified activities in Part II - Scope of Services - general
administration only. City shall pay Firm for additional services requested by the City, at hourly rates
upon request, for services rendered by principals and employees assigned to perform such services.
Soft costs, not included in the administration budget, consisting of origination fees shall not exceed
10% of downpayment assistance.
5. Indemnification - Resource Management & Consulting Co. 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 such laws, and shall assume full responsibility for
payments of Federal income taxes, Social Security, worker's compensation and other income tax
laws.
6. Miscellaneous Provisions
a. This agreement shall be construed under and in accordance with the laws of the State of Texas,
and all obligations of the parties created hereunder are performable in Lamar County, Texas.
b. This Agreement shall be binding upon and inure to the benefit of the parties hereto and their
respective heirs, executors, administrators, legal representatives, successors and assigns where
permitted by this Agreement.
c. In case one or more of the provisions contained in this Agreement shall for any reason be held to
be invalid, illegal or unenforceable in any respect, such invalidity, illegality, or unenforceability shall
EXHIBIT .fl..
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not affect any 'other provision thereof and this Agreement shall not be construed as if such invalid,
illegal, 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, "Part III Terms and
Conditions" attached hereto and incorporated by reference herein.
IN WITNESSETH HEREOF, the parties have hereunto set their hand and seals on this
.20_,
day of
CITY OF PARIS
RESOURCE MANAGEMENT & CONSULTING CO.
BY:
BY:
IlJIY/IA/.JL {J (VU~
' Denise Dority, Own
Tony Williams, City Manager
Attest:
Attest:
Witness
>1\ru1A ~ ~ G-t to\CLU-
Witness
SCC>PE OF SERVICES
Resource Management & Consulting Co. (RMCC) shall provide the following scope of services:
A, Proiect Administration/Contract Manaoement
1. Develop a record keeping system consistent with program guidelines, including the
establishment of a filing system.
2. Maintenance of filing system.
3. Provide general advice and technical assistance to Administrator's personnel on
implementation of project and regulatory mailers.
4. If requested, assist in the procurement of construction services through a sealed bid
process, if applicable, and as required by the HOME program guidelines.
5. Furnish the Administrator with necessary forms and procedures as required to implement
projects under the HOME contract.
6. Assist the Administrator in meeting all special condition requirements that may be
stipulated in the contract between the Administrator and TDHCA.
7. Prepare and submit to TDHCA all documentation necessary for amending the HOME
contract, as applicable.
8. Conduct environmental clearance procedures as required.
9. Prepare and submit Project Set-up, Project Completion, HUB and other required reports.
10. Establish procedures to document expenditures associated with local administration of
the project.
11. Serve as liaison for the Administrator during any review or monitoring visit by staff
representatives from either the Texas Department of Housing and Community Affairs
(TDHCA), or the U.S. Department of Housing and Urban Development (HUD).
B. Financial Manaoement
1. Assist the Administrator in proving its ability to manage the grant funds to the state's audit
division.
2. Assist the Administrator in establishing and maintaining a Direct Deposit bank account
and/or separate local bank account, journals, and ledgers.
3. Assist the Administrator in submitting the required Direct Deposit Authorization Form, the
Texas Application for Payee Identification Number, the Identification of Contract
Administrator form and any other forms as required by TDHCA.
4. Prepare all fund drawdowns on behalf of the Administrator in order to ensure orderly,
timely payments to all contracting parties within the allotted time period.
5. Review invoices received for payment and file back-up documentation.
6. Provide general advice and technical assistance to Administrator's personnel regarding
implementation of project and regulatory matters.
7. Assist the Administratorlo establish procedures to handle the use of any HOME program
income as necessary.
C. Environmental Clearance Procedures
1. Perform environmental assessment procedures and prepare documentation . as
necessary.
2. Coordinate environmental clearance procedures with other federal or state agencies and
interested parties responsible for implementing applicable laws.
3. Document consideration of any public comments.
4. Prepare any required re-assessment of environmental assessment and/or documentation
as necessary.
D.. Construction ManaQement (if required for Davis-Bacon compliance)
1. Assist Administrator in documenting compliance with all federal and state requirements related
to equal employment opportunity.
2. Assist Administrator in documenting compliance with all federal and state requirements related
to minimum wage and overtime pay requirements.
3. If required, provide assistance to or act as local labor standards officer. Notify TDHCA in
writing of name, address, and phone number of appointed labor standards compliance officer.
4. If required, request wage rates from TDHCA.
5. Advertise for bids.
6. Make ten-day call to TDHCA.
7. Verify construction contractor eligibility with TDHCA.
8. Review Construction Contract.
9. Conduct pre-construction conference and prepare reports as necessary.
10. Submit any reports of additional classification and rates to TDHCA.
11. Issue Start of Construction Notice to TDHCA.
12. Review weekly payrolls, including compliance follow-ups, and conduct employee interviews.
13. Process and submit change orders to TDHCA prior to execution.
14. Obtain Final Wage Compliance Report and submit to TDHCA.
15. Provide general advice and technical assistance to Administrator's personnel on
implementation of project and regulatory matters.
E. Owner Occupied Rehabilitation/Reconstruction Assistance - OCC (when aDDlicab/eJ
1. Prepare and submit local rehabilitation guidelines, policies and procedures, and work write-
ups for all projects to TDHCA for approval.
2. Develop affirmative marketing
processing/verification forms.
plan, outreach
and
necessary application
3. Screen applicants for program qualification.
4. Screen homes for feasibility.
5. Conduct lead-based paint assessment.
6. Inform all applicants as to eligibility and prepare HOME contract for qualified applicants.
7. Prepare work write-ups and cost estimates.
8. If requested, assist homeowners in the procurement of contracted construction services.
9. Conduct homeowner pre-construction conference and prepare documentation.
10. Issue Notice to Proceed to construction contractor(s).
11. Ensure that all construction activities meet or exceed Texas Minimum Construction Standards.
12. Conduct interimlfinal inspection, process final contract documents, and maintain a record of
beneficiaries.
13. Maintain client files following TDHCA requirements.
14. Mange dispute resolution process as required.
F. HBA and American Dream Downpavment Initiative
1. Prepare and submit local rehabilitation guidelines, policies and procedures, and work
write-ups for ail projects to TDHCA for approval.
2. Develop affirmative marketing plan, outreach and necessary application
processing/verification forms.
3. Screen applicants for program qualification.
4. Screen homes for compliance with the Texas Minimum Construction Standards.
5. inform all applicants as to eligibility and prepare HOME contract for qualified applicants.
6. Conduct or assist with acquisition of homebuyer education.
7. Assist lender with completion of second lien documents and ensure their timely
submission to TDHCA.
8. Ensure that all construction activities meet or exceed Texas Minimum Construction
Standards.
9. Conduct interim/final inspection, process final contract documents, and maintain a record
of beneficiaries.
10. Maintain client files following TDHCA requirements.
11. Manage dispute resolution process as required.
G, Fair HousinQ/EQual Opportunitv
1. Assist the Administrator in developing, implementing and documenting new activities to
affirmatively further fair housing activities during the contract period.
2. Maintain documentation of all project beneficiaries by ethnicity and gender.
3. Prepare Section 3 and Affirmative Marketing Plan.
4. Perform all Section 504 requirements and prepare documentation as necessary.
5. Provide all applicable equal opportunity provisions and certifications for inclusion in bid
packet.
H. Audit/Close-out Procedures
1. Prepare the final Project Completion Report, including Historically Underutilized
Businesses (HUB) report and Certificate of Compietion.
2. Assist Administrator in resolving any review, monitoring and/or audit findings.
3. Assist Administrator in resolving any third party claims.
4. Provide auditor with HOME audit guidelines.
THE ABOVE SCOPE OF WORK IS INTENDED TO IDENTIFY THE MAJOR ELEMENTS ASSOCIATED
WITH THE MANAGEMENT AND IMPLEMENTATION OF PROJECTS UTILIZING TEXAS
DEPARTMENT OF HOUSING AND COMMUNITY AFFAIRS - HOME PROGRAM FUNDS. IT IS OUR
INTENTION AND PRACTICE TO PROVIDE OUR CLIENTS WITH ALL NECESSARY AND REQUIRED
ASSISTANCE TO SUCCESSFULLY COMPLETE THE PROGRAM MANAGEMENT ASPECT OF THEIR
PROJECT.
--
TERMS AND CONDITIONS
1. Termination of Contract for Cause. If, through any cause, the Firm shall fail to fulfill in a timely
and proper manner his/her obligations under this Contract, or if the Firm shall violate any of the
covenants, agreements, or stipulations of this Contract, the City/County shall thereupon have the
right to terminate this Contract. by giving written notice to the Firm of such termination and
specifying the effective date thereof, at least five days before the effective date of such
termination. In such event, all finished or unfinished documents, data, studies, surveys,
drawings, maps, models, photographs and reports prepared by the Firm under this Contract shall,
at the option of the City/County, become its property and the Firm shall be entitled to receive just
and equitable compensation for any work satisfactorily completed hereunder.
Notwithstanding the above, the Firm shall not be relieved of liability to the City/County for
damages sustained by the City/County by virtue of any breach of the Contract by the Firm, and
the City/County may withhold any payments to the Firm for the purpose of set-off until such time
as the exact amount of damages due the City/County from the Firm is determined.
2. Termination for Convenience of the CitY/County. The City/County may 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. Chanoes. The City/County may, from time to time, request changes in the scope of the services
of the Firm to be performed hereunder. Such changes, including any increase or decrease in the
amount of the Firm's compensation, which are mutually agreed upon by and between the
City/County and the Firm, shall be incorporated in written amendments to this Contract.
4. Personnel.
a. The Firm represents that he/she has, or will secure at his own expense, all personnel
required in performing the services under this Contract. Such personnel shall not be
employees of or have any contractual relationship with the City/County.
b. All of the services required hereunder wili be performed by the Firm or under his/her
supervision and all personnel engaged in the work shall be fully qualified and shall be
authorized or permitted under State and Local law to perform such services.
c. None of the work or services covered by this Contract shall be subcontracted without the
prior written approval of the City/County. Any work or services subcontracted hereunder
shall be specified by written contract or agreement and shall be subject to each provision
of this Contract.
5. Assianability. 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 claims for money by the Firm from the City/County
under this Contract may be assigned to a bank, trust company, or other financial institution
without such approval. Written notice of any such assignment or transfer shall be fumished
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 include data on the racial, ethnic, and gender characteristics of persons who
are applicants for, partiCipants In, or beneficiaries of the funds provided under this Contract.
City/County shall retain such records, and any supporting documentation, for the greater of three
years from closeout of the Contract or the period required by other applicable laws and
regulations.
.8. Findinos 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. Copyriohl. 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. Comoliance 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 Emoloyment Opportunitv. During the performance of this Contract, the Firm agrees as
follows:
a. The Firm wili not discriminate against any employee or applicant for employment
because of race, creed, sex, color, handicap or national origin. The Firm will take
affirmative action to ensure that applicants are employed, and that employees are treated
during employment, without regard to their race, creed, sex, color, handicap or national
origin. Such action shall include, but not be limited to, the following: Employment,
upgrading, demotion, or transfer; recru~ment 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 empioyment, 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 advertisements for employees pi aced by or on behalf of
the Firm, state that all qualified applicants wiil receive consideration for employment
without regard to race, creed, color, sex, handicap or national original.
c. The Firm will cause the foregoing provisions to be inserted in all subcontracts for any
work covered by this Contract so that such provisions will be binding upon each
subcontractor, provided that the foregoing provisions shall not apply to contracts or
subcontracts for standard commercial supplies or raw materials.
d. The Firm will include the provisions a. through c. in every subcontract or purchase order
unless exempted.
12. Civil Riohts Act of 1964. Under Title VI of the Civil Rights Act of 1964, no person shall, on the
grounds of race, color, or national origin, be excluded from participation in, be denied the benefits
of, or be subjected to discrimination under any program or activity receiving Federal financial
assistance.
13. Section 109 of the Housina 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 activ~y funded in whole or in part with funds made
available under this title.
14. "Section 3" Compliance in the Provision ofTrainina, Employment and Business Opportunities.
a. The work to be performed under this contract is on a project assisted under a program
providing direct Federal financial assistance from the Department of Housing and Urban
Development and is subject to the requirements of Section 3 of the Housing and Urban
Development Act of 1968, as amended, 12 U.S.C. 1701u. 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 concems which are located in, or owned in substantial part by
person 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
from complying with these requirements.
c. The contractor wili send to each labor organization or representative of workers with
which he/she has a coliective bargaining agreement or other contract or understanding, if
any, a notice advising the said labor organization or workers' representative of his/her
commitments under this Section 3 clause and shall post copies of the notice in
conspicuous places available to employees and applicants for employment or training.
d. The contractor will include this Section 3 clause in every subcontract for work in
connection with the project and will, at the direction of the applicant for or recipient of
Federal financial assistance, take appropriate action pursuant to the subcontract upon a
finding 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 ali applicable rules and orders of the Department issued hereunder prior to the
execution of the contract, shali 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 fulfili 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 Handicaooed (if $2.500 or Over) Affirmative Action for Handicapped Workers.
a. The contractor will not discriminate against any employee or applicant for employment
because of physical or mental handicap in regard to any position for which the employee
or applicant for employment is qualified. The contractor agrees to take affirmative action
to empioy, advance in employment and otherwise treat qualified handicapped individuals
without discrimination based upon their physical or mental handicap in ali 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, including apprenticeship.
b. The contractor agrees to comply with the rules, regulations, and relevant orders of the
Secretary of Labor issued pursuant to the Act.
c. In the event of the contractor's non-compliance with the requirements of this clause,
actions for non-compliance with the requirements of this clause, 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 conspicuous places, available to employees and
applicants for employment, notices in a form to be prescribed by the Director, provided by
or through the contracting officer. Such notices shall state the contracto~s obligation
under the law to take affirmative action to employ and advance in employment qualified
handicapped employees and applicants for employment, and the rights of applicants and
employees.
e. The contractor will notify each labor union or representative of workers with which it has a
collective bargaining agreement or other contract understanding, that the contractor is
bound by the terms of Section 503 of Rehabilitation Act of 1973, and is committed to take
affirmative action to employ and advance in employment physically and mentally
handicapped individuals.
f. The contractor will inciude the provisions of this clause in every subcontract or purchase
order of $2,500 or more unless exempted by rules, regulations, or orders of the Secretary
issued pursuant to Section 503 of the Act, so that such provisions will be binding upon
each subcontractor with respect to any subcontract or purchase order as the Director of
the Office of Federal Contract Compliance Programs may direct to enforce such
provisions, including action for non-compliance.
16. Interest of Members of a City/County. No member of the governing body of the City/County and
not 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 shali take appropriate
steps to assure compliance.
17. Interest of Other Local Public Officials. No member of the governing body of the locality and no
other public official of such locality, who exercises any functions or responsibilities in connection
with the planning and carrying out of the program, shall have any personal financial interest,
direct or indirect, in this Contract; and the Firm shall take appropriate steps to assure compliance.
18. Interest of Firm and Employees. The Firm covenants that he/she presentiy has no interest and
shall not acquire interest, direct or indirect, in the study area or any parcels therein or any other
interest which would conflict in any manner or degree with the performance of his/her services
hereunder. The Firm further covenants that in the performance of this Contract, no person having
any such interest shall be employed.
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