1997-126-RES WHEREAS, CITY COUNCIL DID HERETOFORE ON THE 7TH DAY OF APRIL 1997
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RESOLUTION NO. 97 Wi
WHEREAS, the City Council of the City of Paris did heretofore, on the 7th day of
April, 1997. in Resolution No. 97-032, authorize an application to be made to the Texas
Department of Housing and Community Affairs under the 1997 Texas Home Investment
Partnership Program grant; and,
WHEREAS, the City Council of the City of Paris did heretofore, on the 9th day of
October, 1998, in Resolution No. 97-119, accept the Grant Award from the Texas
Department of Housing and Community Affairs for participation in the Texas Home
Investment Partnership Program in the amount of $260,000.00,; and,
WHEREAS, the City of Paris is in need of management services under the Housing
Investment Partnership Programs funded in said grant; and,
WHEREAS, Robert Jones, President of R.I.M. Enterprises, Inc., has made a
Response to Request for Proposal for Home Grant Management Services, attached hereto
as Exhibit A; NOW, THEREFORE,
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PARIS, that
the Response to Request For Proposal for Home Grant Management Services submitted
by R.I.M. Enterprises, Inc., for management services under the Housing Investment
Partnership Program to be funded by the Homebuyer Assistance Fund Grant, attached hereto
as Exhibit A, be, and the same is hereby, accepted.
PASSED AND ADOPTED this 13th day of October, 1997.
Eri~~ ~~
ATTEST:
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'--'N\c\. \.. \. \ J ~ ~
Mattie Cunningham, City Cler
APPROVED AS TO FORM:
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T. K. Haynes, Ity Attorney
CONTRACT FOR ADMINISTRATIVE SERVICES
PART I - AGREEMENT
TillS AGREEMENT, made and entered into this 13th day of October, 1997, by and between the
CITY OF PARIS, State of Texas (hereinafter called the "CITY"), acting herein by City Manager
Michael E. Malone, hereunto duly authorized, and R.I.M, Enterprises, Inc. (hereinafter called the
"Consultant") acting herein by Robert L. Jones, Jr.
WITNESSETH THAT:
WHEREAS, the City of Paris desires to implement a project under the general direction of the
Housing Investment Partnership Program, and;
WHEREAS, the City desires to utilize the services ofR.I.M. Enterprises, Inc. to render certain
administrative services in connection with the City's Home Buyer Assistance Program project
funded by Texas Department of Housing and Community Affairs;
NOW, THEREFORE, the parties do mutually agree as follows:
1. Scope of Services
See Part II
2. Time of Performance
The services ofR.I.M. Enterprises will commence of October 13, 1997. In any
event, all the services required and performance hereunder shall be completed no
later than October 12,1999.
3, Access to Information
It is agreed that all information, data, reports and records necessary to carry out the
work described above shall be furnished to R.I,M. Enterprises by the City and its
agencies. No charges will be made to R.I.M. for such information and the City
will cooperate with 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 Ten Thousand No/I 00 Dollars (10,000), 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 ATTACHMENT B of this agreement.
5. Indemnification
R.I.M, Enterprises, Inc. shall comply with the requirements of all applicable laws,
rules and regulations, and shall exonerate, indemnify, and hold hannless the City
and its agency members from and against them, and shall assume full responsibility for
payments of Federal, State and local taxes on contributions imposed or required under
the social security, workman's compensation, and income tax laws.
6. Miscellaneous Provisions
a. This agreement shall be construed under and accord with the laws of the State
of Texas, and all obligations of the parties created hereunder are performable in
Paris, Lamar County, Texas.
b, This agreement shall be binding upon and ensure to the benefit of the parties
hereto and to their respective heirs, executors, administrators, legal
representatives, successors, and assigns where pennitted 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 tenns of
this Agreement, the prevailing party shall be entitled to reasonable attorney's
fees, costs, and necessary disbursements in addition to any other relief to which
such party may be entitled.
e, This Agreement may be amended by mutual agreement of the parties hereto and a
writing to be attached to and incorporated into this Agreement.
7, Terms and Conditions
This Agreement is subject to the provisions titled "Terms and Conditions" and attached
hereto and incorporated by reference herein,
IN WITNESS HEREOF, the parties have hereunto set their hands and seals.
CITY OF PARIS
R.I.M. ENTERPRISES, INC.
Michael E, Malone, City Manager
Mattie Cunningham, City Secretary
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PART II
SCOPE OF SERVICES
DETAILED ADMINISTRATIVE SUMMARY
I. Pre-grant Agreement Activities
a. review HOME contracts for conformance with applications
b. present contract requirements to council
c. execute all special conditions of contracts
2. Financial Management
a. establish internal controls
b, establish cost accountability standards
c. develop a chart of accounts
d. develop journals and ledgers
e. organize and maintain financial files
f. financial reporting
g, account for and document all other project expenditures
h. maintain bank accounts and records
l. prepare budget revisions as necessary
J, oversee audit and close-out process
3. Proiect Management
a. supervise procurement process
b. attend and ensure compliance at bid openings
c. monitor affirmative action programs
d. contract execution and compliance
e. enforce wage rate compliance
f. verifY contractor eligibility
g, conduct pre-construcio!l conferences
h, project monitoring and periodic reporting
4. Equal Opportunity
a, Section 3 Plan and Compliance
b. Affirmative Action compliance monitoring and enforcement
c. Equal Opportunity !Housing monitoring
d. Complaint procedures and follow-up
5. Environmental Review
a. Prepare Environmental Review Record
b. Prepare Finding of No Significant Impact
c. Request Release of Funds
d. Texas Historical Commission clearance
e. Other Environmental compliance requirements
6. Real Property Acquisition ( if applicable)
a. Determine Properties to be acquired
b. Prepare Preliminary Acquisition Notices
c, Obtain Appraisal Services on behalf of locality
d. Issue Written Offers of Purchase
e. Completion of Acquisition Process
7. Relocation ( if applicable)
a. Determine Persons to be relocated
b. Develop Relocation Procedures
c. Provide Information and Counseling
d. IdentifY Replacement Housing Needs
e. Complete Relocation Processing and Forms
8. Other Administrative Functions
a. Liaison with State and Federal representatives
b. Assist in monitoring visits and follow-ups
c. Prepare required reports and compliance reports
d. Attend and supervise citizen participation meetings
e. Maintain Status Reports
9. Economic Development Function (Applicable to Texas Capital Fund Projects)
a. Monitor status ofleveraged funds
b, Oversee execution oflocalloan contracts
c. Monitor employment creation and job goals
d. Assist in preparing hiring plan
e. Assist in developing loan reuse plan
f Monitor project compliance with TDOC requirements as specified in the locality's grant
agreement
PART III
PROJECT COST ESTIMATES
R.I.M, Enterprises proposes to provide all required services and activities necessary to implement
the City of Paris HOME/ TCDP project from inception to completion for a total cost of $10,000.
RJ.M Enterprises will assume full responsibility for the administration of the project on behalf of
the City of Paris in full compliance with the grant agreement between the City of Paris and the
Texas Department of Housing and Community Affairs. The following is a cost estimate by line
for the services to be provided:
I) Establish Record keeping System......................................$I,OOO.
2) Complete Special Conditions..:..........................................$1,500.
3) Environmental Requirements"....,..................................... $1,500.
4) Prepare/ Submit all Reports ..............................................$1,000.
5) Establish Financial Ledger System.....................................$I,OOO.
6) Momitor Program Standards Compliance.......................... .$1,000.
7) FBI EEO Compliance ...'............,...................................$1,000.
8) Prepare Closeout Documents....,......................................,$I,OOO.
9) Programatic Closure....,................................................. ...$1,000.
TOTAL COST
$10,000.
TERMS AND CO~DrTlO~S
PROFESSIONAL MANAGEMENT, ENGINEERING AND/OR ARCHrTECTURAL 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 tor 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
fau~ 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.
<:. 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 will be performed by the Firm or under hisfher
supervision and all personnel engaged in the work shall be fully qualified and shall
be authOrIzed or permitted under State and Local law to periorm such services.
c. None of the work or services covered by this Contract shall be subcontracted withDut
the priDr written apprDval Df the CIty/CDunty. Any wDrk Dr services subcontracted
hereunder shall be specified by written contract or agreement and shall be subject to
each provision of this Contract.
5. Assionabilitv. The Firm shall not assign any interest on this Contract, and shall not transfer
any interest in the same (whether by assignment Dr novatiDn). withDut 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. Wrttten 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 maintain accounts and records, including personnel,
propeny and financial records, adequate tD identify and account for all costs pertaining tD the
CDntract and such other records as may be deemed necessary by the City/CDunty tD assure
proper accounting for all project funds, both Federal and nDn-Federal shares. These recDrds
will be made available for audit purpDses tD the City/County Dr any authDrized representative,
and will be retained for three years after the expiration of this Contract unless permissiDn tD
destroy them is granted by the City/County.
8. Rndinos Confidential. All of the reports, information, data, etc., prepared or assembled by
the Firm under this contract are confidential and the Rrm agrees that they shall nDt be made
available to any individual or organization without the prior written approval of the City/County.
9. Copvrioht ND report, maps, or other documents produced in whole or in part under this
Contract shall be the subject of an application for cDpyright by or on behalf of the Firm,
10. Compliance with Local Laws. The Firm shall comply with all applicable laws, ordinances and
cDdes of the State and local governments, and the Firm shall save the City/CDunty harmless
with respect to any damages:arising from any tort dDne in periorming any of the wDrk
embraced by this Contract.
11. Eoual Emplovment Opportunity. During the periorr.1ance Df this Contract. the Firm agrees as
follows:
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a. The Firm will not discriminate against any employee or applicant fDr employment
because of race, creed, sex, color or national origin. The Rrm will take affirmative
action tD ensure that applicants are employed, and that employees are treated during
employment, without regard to their race, creed, sex, color or national origin. Such
action shall include, but nDt be limited tD, the fDllowing: Employment, upgrading,
demotion, or transfer; recruitment or recruitment advertising; layoff or termination; rates
of payor Dther forms of cDmpensation; and selection fDr trainin;;, including
apprenticeship. The Firm agrees to post In conspicuous places, available to
employees and applicants for employment, notices to be provided by the City/County
setting forth the provisions of this non-discrimination clause.
b. The Firm will, In all solicitation or advertisements for employees placed by or on behalf
of the Firm, state that all qualified applicants will receive consideration lor employment
without regard to race, creed, color, sex, 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 Riahts Act of 1964, Under Title VI of the Civil Rights Act of 1964, no person shall, an
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 lhe United States shall on the ground of race, color, national origin, or
sex be excluded from participation in, be denied the benefrts of, or be subjected to
discrimination under any program or activity funde'd in whole or in part with funds
made available under this title.
14. "Section 3" Compliance in the Provision of TraininQ, Emolovment and Business Opportunities.
a. The work to be perionned 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 inco~e 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 from complying with these requirements.
c. The contractor will send to each labor organization or representative of workers with "
which he/she has a collective bargaining agreement or other contract or.
understanding, If any, a notice advising the said labor organization or workers'
representative of his/her commitments under this Section 3 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 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 Dr recipient fDr such assistance,
its succeSSDrs and assigns. Failure tD fulfill these requirements shall subject the
aoplicant or recipient, Its contractDrs and subcDntractDrs, its succeSSDrs and assigns
to those sanctions specified by the grant Dr IDan agreement Dr contract thrDugh which
federal assistance is provided, and to such sanctions as are specified by 24 C.F,R.
Part 135.
15. SectiDn 503 Handica ed if S2500 or Over Affirmative Action fDr Handica ed WDrkers.
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d,
a.
The cDntractDr will not discriminate against any emplDyee or applicant for emplDyment
because of physical or mental handicap in regard tD any positiDn fDr which the
employee Dr applicant fDr employment is qualified. The cDntractor agrees to take
affirmative action tD emplDY, advance in employment and Dtherwise treat qualified
handicapped individuals withDut discriminatiDn based upon their physical or mental
handicap in all employm"ent practices such as the fDllowing: Employment, upgrading,
demotion or transfer, recruitment,advertising, layoff or terminatiDn, rates Df payor other
forms of compensatiDn. and selectiDn fDr training, including apprenticeshio.
b.
The contractor agrees tD comply with the rules, regulatiDns, and relevant orders Df
the Secretary of LabDr issued pursuant to the Act.
In the event of the contractDr's non-cDmpliance with the requirements of this clause,
actions fDr non-cDmpliance may be taken in accordance with the rules, regulations,
and relevant orders of the Secretary Df Labor issued pursuant to the Act.
The contract Dr agrees tD pDSt in conspicuDus places, available to emplDyees and
applicants for employment, nDlices in 2 10rm to be prescribed by lhe Director, provided
by or through the contracting officer. Such notices shall state the contractor's
obligation under the law to take affirmative action to employ and advance in
employment qualified handicapped employees and applicants for employment, and the
rights of applicants and employees,
e. The contractor will notify each labor union or representative of workers with which
~ has a collective bargaining agreement or other contract understanding, that the
contractor is bound by the terms of Section 503 of Rehabl1~ation Act of 1973, and is
committed to take affirmative action to employ and advance in employment physically
and mentally handicapped individuals.
L The contractor will Include the provisions of this clause in every subcontract or
purchase order of $2,500 or more unless exempted by rules, regulations, or orders
of the Secretary issued pursuant to Section 503 of the Act, so that such provisions
will be binding upon each subcontractor with respect to any subcontract or purchase
order as the Director of the Office 01 Federal Contract Compliance Programs may
direel to enforce such provisions, including action for non-compliance.
16. Interesf of Members of e City/County. No member of the governing body of the City/County
and no other officer. employee, or agent of the City/County who exercises any functions or
responsibilities in conneelion wi1h the planning and carrying out of the program, shall have
any pe,sonal financial interest, direel or indirect, in this Contract. and the Firm shall take
appropriate steps to assure compliance.
17. Interest of Other Local Public Officials. No member of the governing body of the locality and
no other public official of such locality, who exercises any functions or responsibilities in
connection wi1h the planning and carrying out of the program, shall have any personal
financial interest, direct or indirect, in this Contract; and the Finn shall take appropriate steps
to assure compliance.
18. Interest of Firm and Emolovees. The Firm covenants that he/she presently has no interest
and shall not acquire interest, director indireel, in the study area or any parcels therein or any
other interest which would confiict 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 sha!! be employed.
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