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1997-126-RES WHEREAS, CITY COUNCIL DID HERETOFORE ON THE 7TH DAY OF APRIL 1997 " . . 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: ~ '--'N\c\. \.. \. \ J ~ ~ Mattie Cunningham, City Cler APPROVED AS TO FORM: , ~~;-~ 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 , 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: , 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. ~. 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. . '