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1997-119-RES WHEREAS, CITY COUNCIL DID HERETOFORE ON THE 7TH DAY OF APRIL 1997 . . . .. RESOLUTION NO. 97-119 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 for the Homebuyer Assistance Fund Grant under the Texas Home Investment Partnership Program; and, WHEREAS, the Texas Department of Housing and Community Affairs has issued its Agreement in connection with a Homebuyer Assistance Program Award, entitled, "Texas Department of Housing and Community Affairs Home Program Homebuyer Assistance Contract No. 537025" for the year beginning September I, 1997, ending August 31, 1999, in the total amount of $260,000,00 providing matching contribution of$2l,250,OO; and, WHEREAS, acceptance ofthe same and the executed contract must be received by the Texas Department of Housing and Community Affairs by the close of business on October 20, 1997; and, WHEREAS, it is deemed to be in the best interest of the citizens of Paris that the City of Paris accept said Agreement in connection with a Homebuyer Assistance Program Award for funds to carry out the reduction of loan fees and down payments for first time home buyers in the City of Paris; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PARIS, that the Homebuyer Assistance Fund Grant in the total amount of $260,000,00 providing matching contribution of$2l,250,OO be, and the same is hereby, accepted; and, BE IT FURTHER RESOLVED, that the City Manager of the City of Paris, Michael E, Malone, be, and he is hereby, authorized and directed to execute on behalf of the City of Paris, the "Texas Department of Housing and Community Affairs Home Program Home Buyer Assistance Contract #537025" in the form of Exhibit A, attached hereto, PASSED AND ADOPTED this 9th day of October, 1997, ~~ Eric S, Clifford, Mayor ATTEST: Mattie Cunningham, City Clerk ~ APPROVED AS TO FORM // TEXAS DEPARTMENT OF HOUSING AND COMMUNITY AFFAIRS HOME PROGRAM CONTRACT #537025 HOMEBUYER ASSISTANCE PROGRAM WITH CITY OF PARIS This AGREEMENT IN CONNECTION WITH A HOME BUYER ASSISTANCE PROGRAM AWARD ("Contract"), is made and entered into by and between the TEXAS DEPARTMENT OF HOUSING AND COMMUNITY AFFAIRS, a public and official department of the State of Texas, ("Department"), and CITY OF PARIS ("Administrator"). For and in consideration of the promises herein made, and the mutual benefits derived and to be derived, the Parties hereto agree and by execution hereof are bound to the mutual obligations and to the performance and accomplishment of the tasks which are the substance of this Contract. ARTICLE 1 Contract Period This Contract shall be effective and commence on SEPTEMBER 1, 1997, and shall terminate on AUGUST 31, 1999, unless otherwise specifically provided herein ("Contract Period"). ARTICLE 2 Administrator Performance Administrator agrees to administer a Homebuyer Assistance Program in accordance with the HOME Investment Partnerships Act of 1990,42 U.S.C. 12701 et seq~ and implementing regulations (the "Act"), 24 CFR Part 92, Texas Revised Civil Statutes, Texas Government Code, Chapter 2306, as amended by Acts of the 73rd Legislative Session, Chapter 141, Page 292, and Chapter 725, Page 2838, and subsequently amended, the HOME Investment Partnerships Program Rules, 10 TAC 53.50-53.62, the HOME Program Guidelines and Application Package. Administrator agrees to perform all activities in accordance with the terms of the Performance Statement submitted to Department by Administrator attached hereto as Exhibit A; the Budget, attached hereto as Exhibit B; the Applicable Laws and Regulations attached hereto as Exhibit C; the Certifications, attached hereto as Exhibit D, Performance Timetable submitted to Department by Administrator attached hereto as Exhibit E; all said Exhibits incorporated herein for all relevant purposes; the assurances, certifications, and all other statements made by Administrator in its application for the project funded under this Contract; and with all other terms, provisions, and requirements herein set forth. ARTICLE 3 Deoartment Obligations 3.1. Measure of Liabilitv Department agrees to be liable for actual and reasonable costs incurred by Administrator, during the Contract Period, for performances rendered under this Contract by Administrator, subject to the limitations set forth in this Article. A. It is expressly understood and agreed by the Parties hereto that Department's obligations under this Article 3 are contingent upon the full and satisfactory performance by 10(20 HOME ConlraCI No 5370:25 Homebuyer AssistanceØ fXHIB IT A Administrator of the activities herein described and the actual receipt by Department of adequate state and/or federal funds to meet Department's liabilities under this Contract. If adequate funds are not available to make payments under this Contract, Department shall notify Administrator in writing within a reasonable time after such fact is determined. In that event, this Contract shall terminate and neither Party shall have any further rights or obligations hereunder. B. Department shall not be liable to Administrator for any costs incurred by Administrator, which have been paid to Administrator or are subject to payment to Administrator, or have been reimbursed to Administrator or are subject to reimbursement to Administrator by any source other than Department. C. Department shall not be liable to Administrator for any costs incurred by Administrator which are not allowable costs, as set forth in 24 CFR 92.206 and Article 5 of this Contract. Funds provided under this Contract may not be used for payment of prohibited activities as those activities are defined in 24 CFR 92.214. D. Department shall not be liable to Administrator for any costs incurred by Administrator or for any performances rendered by Administrator which are not strictly in accordance with the terms of this Contract, including the terms of Exhibit A, Exhibit B, Exhibit C, Exhibit D, and Exhibit E of this Contract. E. Department shall not be liable for costs incurred or performances rendered by Administrator before the effective date of this Contract or after termination of this Contract. 3.2. Limit of Liabilitv Notwithstanding any other provision of this Contract to the contrary, the total of all payments and other obligations incurred by Department under this Contract shall not exceed the sum of TWO HUNDRED SIXTY THOUSAND AND NO/I00 DOLLARS ($260,000.00). ARTICLE 4 Disbursement of Funds 4.1. Department shall reimburse Administrator for eligible costs incurred under this Contract in accordance with the requirements of 24 CFR 92.502. Administrator agrees to attend an Implementation Workshop after the execution of this Contract and prior to the disbursement of any funds under this Contract. Administrator may not request disbursement of funds under this Contract until the funds are needed for actual payment of eligible costs. The amount of each request must be limited to the amount needed to pay expenditures actually incurred to date. 4.2. It is expressly understood and agreed by the Parties hereto that payments under this Contract are contingent upon Administrator's full and satisfactory performance of its obligations under this Contract. Department reserves the right to recapture funds provided under this Contract in the event Department determines that Administrator will be unable to expend all funds awarded within the Contract Period. Administrator acknowledges that in the event Administrator is unable to perform in accordance with the Performance Statement or Performance Timetable submitted to Department by Administrator, Administrator shall terminate this Contract and surrender Administrator's rights to any remaining funds. 4.3. It is expressly understood and agreed by the Parties hereto that any right or remedy provided for in this Article 4 or in any other provision of this Contract shall not preclude the exercise of any other right or remedy under this Contract or under any provision of law. Nor shall any action taken in the exercise of any right or remedy be deemed a waiver of any other right or remedy. .2 000 HOME ContnC1 No. 537025 HomebuyerAssistanee Failure to exercise any right or remedy hereunder shall not constitute a waiver of the right to exercise that or any other right or remedy at any time. ARTICLE 5 Uniform Administrative Requirements, Cost Principles and Program Income 5.1. Except as specified in Section 5.2 of this Article 5, Administrator shall comply with the requirements ofOMB Circulars NO. A-87 and 24 CFR 85.6, 85.12, 85.20, 85.22, 85.26, 85.35, 85.36,85.44,85.51, and 85.52. Administrator shall maintain records of the receipt, accmal, and disposition of all program income in the same manner as required for all other funds under this Contract. Administrator shall provide reports of program income as requested by Department during the Contract Period and at the termination of this Contract. 5.2. Non-profit organizations must comply with applicable regulations under OMB Circular Numbers A-I10 and A-122 pursuant to 24 CFR 92.505. ARTICLE 6 Retention and Accessibilitv of Records 6.1. Administrator must establish and maintain sufficient records, as determined by Department, including but not limited to those listed under 24 CFR 92.508. 6.2. Administrator agrees that the Department, the Comptroller of the United States, or any of their duly authorized representatives, shall have the right to access and to examine all books, accounts, records, reports, files, and other papers, things, or property belonging to or in use by Administrator pertaining to this Contract. Such rights to access shall continue as long as the records are retained by Administrator. Administrator agrees to maintain such records in an accessible location. 6.3. All records pertinent to this Contract shall be retained by Administrator for three years following the date of termination of this Contract, or of submission of the final close-out report, whichever is later, with the following exceptions: A. If any litigation, claim or audit is started before the expiration of the three year period and extends beyond the three year period, the records will be maintained until all litigation, claims or audit findings involving the records have been resolved. B. Records relating to real property acquisition shall be retained for the period of affordability required under 24 CFR 92.254 (A) (4) or 92.252 (e) (5), as applicable. C. Records covering displacement and acquisitions must be retained for at least three years after the date by which all persons displaced from the property and all persons whose property is acquired for the project have received the final payment to which they are entitled in accordance with 24 CFR 92.353. 6.4. Administrator shall include the substance of this Article 6 in all of its subcontracts. 6.5. Administrator acknowledges that Department is subject to the Texas Open Records Act and must provide citizens, public agencies, and other interested parties with reasonable access to all records pertaining to this transaction. Administrator agrees to cooperate with Department, as applicable, in this regard. 3of20 HOME Contract No. 537025 HomebuyerAuist&nce ARTICLE 7 Reporting Requirements 7.1. Administrator shall submit to Department such reports on the operation and performance of this Contract as may be required by Department, including but not limited to, the reports specified in this Article 7. Administrator shall provide Department with all reports necessary for Department's compliance with 24 CFR 92.509 and 24 CFR Subpart 1. 7.2. In addition to the limitations on liability otherwise specified in this Contract, it is expressly understood and agreed by the Parties hereto that if Administrator fails to submit to Department in a timely and satisfactory manner any report required by this Contract, Department may, at its sole option and in its sole discretion, withhold any or all payments otherwise due or requested by Administrator hereunder. If Department withholds such payments, it shall notifY Administrator in writing of its decision, the reasons for this action and the time period in which Administrator must bring itself into compliance. Payments withheld pursuant to this paragraph may be held by Department until such time as the delinquent obligations for which funds are withheld are fulfilled by Administrator. If Administrator fails to perform as required within the stated cure period, Department may terminate this Contract and Administrator hereby agrees and acknowledges that upon termination, Administrator's rights to any funds shall be terminated. ARTICLE 8 Monitoring The Department reserves the right, from time to time, to carry out field inspections to ensure compliance with the requirements of this Contract. Administrator shall attend a compliance seminar, as scheduled by the Department. After each monitoring visit, Department shall provide Administrator with a written report of the monitor's findings. If the monitoring reports note deficiencies in Administrator's performances under the terms ,of this Contract, the monitoring report shall include requirements for the timely correction of such deficiencies by Administrator. Failure by Administrator to take the action specified in the monitoring report may be cause for suspension or termination of this Contract, as provided in Articles 16 and 17 of this Contract. ARTICLE 9 Independent Contractor It is expressly understood and agreed by the Parties hereto that Department is contracting with Administrator as an Independent Contractor, and that Administrator, as such, agrees to hold Department harmless and to indemnify Department from and against any and all claims, demands, and causes of action of every kind and character which may be asserted by any third party occurring or in any way incident to, arising out of, or in connection with the services to be performed by Administrator under this Contract. ARTICLE 10 Subcontracts 10.1. Except for subcontracts to which the federal labor standards requirements apply, Administrator may not subcontracL for performance of the activities described in this Contract without obtaining Department's prior written approval. Administrator shall only subcontract for performance of activities described in this Contract to which the federal labor standards requirements apply, after Administrator has submitted a Subcontractor Eligibility form, as specified by Department, for each such proposed subcontract, and Administrator has obtained 40f20 HOME ContraCl No_ S31025 HomebuyerA5sislan~e Department's prior written approval, based on the information submitted, of Administrator's intent to enter into such proposed subcontract. Administrator, in subcontracting for any activities described in this Contract, expressly understands that in entering into such subcontracts, Department is in no way liable to Administrator's subcontractor(s). 10.2. In no event shall any provision of this Article 10, specifically the requirement that Administrator obtain Department's prior written approval of a subcontractor's eligibility, be construed as relieving Administrator of the responsibility for ensuring that the performances rendered under all subcontracts are rendered so as to comply with all of the terms of this Contract, as if such performances rendered were rendered by Administrator. Department's approval under this Article 10 does not constitute adoption, ratification, or acceptance of Administrator's or subcontractor's performance hereunder. Department maintains the right to insist upon Administrator's full compliance with the terms of this Contract, and by the act of approval under this Article, Department does not waive any right of action which may exist or which may subsequently accme to Department under this Contract. 10.3. Administrator shall comply with all applicable federal, state, and local laws, regulations, and ordinances for making procurements under this Contract. ARTICLE 11 Conflict ofInterest No person who is: (I) an employee, agent, consultant, officer or elected or appointed official of the State of Texas, or of any applicant that receives funds, and who exercises or has exercised any functions or responsibilities with respect to activities assisted with funds provided under this Contract; (2) in a position to participate in a decision making process, or gain inside information with regard to such activities, may obtain a personal or financial interest or benefit from a HOME assisted activity, or have an interest in any contract, subcontract, or agreement (or the proceeds thereof) with respect to a HOME assisted activity either for themselves or those with whom they have family or business ties, during their tenure or for one year thereafter; or (3) in dispute with the Department regarding program compliance or administration of program funds under federal or state programs, may be employed in any capacity by the Administrator or any subcontractor hired by Administrator during the contract term. Even the appearance of impropriety, determined by the Department in its sole discretion, related to any Departmental program must be avoided. Administrator shall ensure compliance with applicable provisions under 24 CFR 85.36 and OMB Circular A-110 in the procurement of property and services. ARTICLE 12 Nondiscrimination and Sectarian Activitv 12.1. Administrator shall ensure that no person shall, on the grounds of race, color, religion, sex, handicap, familial status, or national origin, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under, any program or activity funded in whole or in part with funds provided under this Contract. In addition, funds provided under this Contract must be made available in accordance with the requirements of Section 3 of the Housing and Urban Development Act of 1968 (12 U.S.C. 1701 u) that: A. to the greatest extent feasible, opportunities for training and employment arising in connection with the planning and carrying out of any project assisted with HOME funds provided under this Contract be given to low-income persons residing within the general local government area or metropolitan area or nonmetropolitan county in which the project is located; and 50f20 HOME CanulC'l No, 537025 HomebuyerAssisllnce B. to the greatest extent feasible, contracts for work to be performed in connection with any such project be awarded to business concerns, including, but not limited to, individuals or firms doing business in the field of planning, consulting, design, architecture, building construction, rehabilitation, maintenance, or repair, which are located in or owned in substantial part by persons residing in the same metropolitan area or nonrnetropolitan county as the project. 12.2. Funds provided under this Contract may not be provided to primarily religious organizations, such as churches, for any activity including secular activities. In addition, funds provided under this Contract may not be used by primarily religious organizations, or to assist primarily religious organizations, in acquiring housing. The completed housing project must be used exclusively by the owner entity for secular purposes and must be available to all persons, regardless of religion. There must be no religious or membership criteria for tenants of the property as specified under 24 CFR 92.257. ARTICLE 13 Legal Authoritv 13.1. Administrator assures and guarantees Department that Administrator possesses the legal authority to enter into this Contract, to receive funds authorized by this Contract, and to perform the services Administrator has obligated itself to perform under this Contract. 13.2. The person(s) signing and executing this Contract on behalf of Administrator, does hereby warrant and guarantee that he is duly authorized by Administrator to execute this Contract on behalf of Administrator and to validly and legally bind Administrator to all the terms, performances, and provisions of this Contract. 13.3. Administrator shall not employ, award contracts to, or fund any person that has been debarred, suspended, proposed for debarment, or placed on ineligibility status by U. S. Department of Housing and Urban Development. In addition, Department shall have the right to suspend or terminate this Contract if Administrator is debarred, suspended, proposed for debarment, or is otherwise ineligible from participating in the HOME Program. Administrator acknowledges and agrees that this Section 13.3 specifically includes, but is not limited to, consultants hired by Administrator to assist Administrator in any aspect relative to the activities of this Contract. ARTICLE 14 Litigation and Claims Administrator shall give Department immediate notice, in writing, of the occurrence of any of the following events: I) any action, including any proceeding before an administrative agency, filed against Administrator in connection with this Contract; and 2) any claim against Administrator, the cost and expense of which Administrator may be entitled to be reimbursed by Department. Except as otherwise directed by Department, Administrator shall furnish immediately to Department copies of all pertinent papers received by Administrator with respect to such action or claim. 6000 HOME Contract No. 537025 HomebuycrAssisllncc ARTICLE 15 Changes and Amendments 15.1. Except as specifically provided otherwise in this Contract, any changes, additions, or deletions to the terms of this Contract shall be in writing and executed by both Parties to this Contract. An executed facsimile copy will be sufficient to evidence the Parties agreement to any amendment, revision or change to this Contract. 15.2. It is understood and agreed by the Parties hereto that performance of all activities under this Contract must be rendered in accordance with the Act, the regulations promulgated under the Act, the assurances and certifications made to Department by Administrator, and the assurances and certifications made to the United States Department of Housing and Urban Development by the State of Texas with regard to the operation of the HOME Program. Based on these considerations, and in order to ensure the legal and effective performance of this Contract by both Parties, the Parties herein agree that the activities under this Contract are amended by the provisions of the HOME Program Guidelines and Application ("Manual") and any amendments thereto, and may be further amended in the following manner: A. Department may, from time to time, during the Contract Period issue policy directives which serve to establish, interpret, or clarify the performance requirements under this Contract; 1. such policy directives shall be promulgated by the Manager of the HOME program in the form of HOME issuances; and 2. shall have the effect of qualifying the terms of this Contract; and 3. shall be binding upon Administrator, as if written herein. B. Provided, however, that said policy directives and any amendments to said Manual shall not alter the terms of this Contract so as to release Department of any obligation specified in Article 3 of this Contract to reimburse costs incurred by Administrator prior to the effective date of said amendment or policy directive. 15.3. Any changes, additions, or deletions to the terms of this Contract which are required by changes in Federal or state law, or regulations, are automatically incorporated into this Contract without the requirement of a written amendment hereto, and shall become effective on the date designated by such law or regulation. ARTICLE 16 Suspension In the event Administrator fails to comply with any term of this Contract, Department may, upon written notification to Administrator, suspend this Contract in whole or in part, withhold further payments to Administrator, and prohibit Administrator from incurring additional obligations for funds under this Contract. ARTICLE 17 Termination The Department may terminate this Contract in whole or in part, in accordance with 24 CFR 85.43 and this Article 17. In the event Administrator fails to materially comply, in Department's sole discretion 70f20 HOME COnlrlCl No n7025 HClmeb\lycrAssislance and judgment, with any term of this Contract, or any term stated in a Federal statute or regulation, or with any assurance given to Department by Administrator, or with any term in a State plan, or with Administrator's application, the notice of award, Administrator's Performance Timetable or elsewhere, Department may take any of the following actions: A. temporarily withhold cash payments pending correction of the deficiency by the Administrator; B. disallow all or part of the cost of the activity or action not in compliance; C. suspend this Contract upon written notification to Administrator of the deficiency and the period within which Administrator must comply; D. accept Administrator's failure to comply or correct any deficiency within the time period set forth in any written notice of suspension as evidence of Administrator's inability to perform under the terms of this Contract, Administrator's intent to terminate this Contract and Administrator's agreement to surrender all rights to remaining funds; E. withhold further HOME awards from Administrator; F. take more severe enforcement action against Administrator by taking any other remedies that may be legally available to Department, as determined by the Department, to assure compliance with the terms of this Contract. ARTICLE 18 Audit 18.1. Unless otherwise directed by Department, Administrator shall arrange for the performance of an annual financial and compliance audit of funds received and performances rendered under this Contract, subject to the following conditions and limitations: A. Administrator shall have an audit conducted in accordance with 24 CFR 92.506, the Single Audit Act of 1984, 31 U.S.C. 7501 et. sea., as Amended by the Single Audit Act Amendments of 1996 (P.L. 104 - 156), and either OMB Circular No. 128, "Audits of State and Local Governments", 50 Fed. Reg. 19114 (May 6, 1985),24 CFR Part 44, or OMB Circular 133 for any of its fiscal years included within the Contract Period specified in Article 1 of this Contract in which Administrator receives more than $300,000 in Federal financial assistance provided by a Federal agency in the form of grants, contracts, loans, loan guarantees, property, cooperative agreements, interest subsidies, insurance or direct appropriations, but does not include direct federal cash assistance to individuals. The term Federal financial assistance includes awards of financial assistance received directly from Federal agencies, or indirectly through other units of State and local government. B. At the option of Administrator, each audit required by this section may cover either Administrator's entire operations or each department, agency, or establislunent of Administrator which received, expended, or otherwise administered federal funds. C. Notwithstanding anything to the contrary in Article 3, Sections 3.lD and 3.lE, Administrator may utilize funds budgeted under this Contract to pay for that portion of the cost of such audit services properly allocable to the activities funded by Department under this Contract provided, however, that Department shall not make payment for the Sor20 HOME ConuaCI No. .53702,5 HomcbuycrAu;stanclt cost of such audit services until Department has received the audit report from Administrator. D. Unless otherwise specifically authorized by Department in writing, Administrator shall submit the report of such audit to Department within thirty (30) days after completion of the audit, but no later than one (1) year after the end of each fiscal period included within the period of this Contract. Audits performed under Subsection A of this Article 18 are subject to review and resolution by Department or its authorized representative. E. As part of its audit, Administrator shall verify expenditures according to the Budget attached as Exhibit B. 18.2. Notwithstanding anything in Article 18.1 to the contrary, Department reserves the right to conduct an annual financial and compliance audit of funds received and performances rendered under this Contract. Administrator agrees to permit Department, or its authorized representative, to audit Administrator's records and to obtain any documents, materials, or information necessary to facilitate such audit. 18.3. Administrator understands and agrees that it shall be liable to Department for any costs disallowed pursuant to financial and compliance audit(s) of funds received under this Contract. Administrator further understands and agrees that reimbursement to Department of such disallowed costs shall be paid by Administrator from funds which were not provided or otherwise made available to Administrator under this Contract. 18.4. Administrator shall take all necessary actions to facilitate the performance of such audit or audits conducted pursuant to this Article 18 as Department may require of Administrator. 18.5. All approved HOME audit reports shall be made available for public inspection within thirty (30) days after completion of the audit. ARTICLE 19 Environmental Clearance Requirements The Environmental effects of each activity carried out with HOME funds must be assessed in accordance with the provisions of the HOME Implementation Manual, National Environmental Policy Act of 1969 and the related authorities listed in HUD' s implementing regulations at 24 CFR Parts 50 and 58. Such assessment shall be performed by Administrator with the assistance of Department. The assessment must be satisfactory to Department at its sole discretion. ARTICLE 20 Labor Standards All laborers and mechanics (except laborers and mechanics employed by Administrator while acting as the principal Administrator on the project) employed in the rehabilitation of a project assisted under this Contract, that contains 12 or more dwelling units, shall be paid wages at rates not less than those prevailing on similar rehabilitation projects in the locality, if such a rate category exists, or the appropriate rate as determined by the Secretary of Labor in accordance with the Davis-Bacon Act (40 U.S.C. 276a-5). Contracts involving their employment shall be subject to the provisions, as applicable, of the Contract Work Hours and Safety Standards Act (40 D.S.C. Sec. 328-334 (Supp. 1997)). Constmction contractors and subcontractors must comply with regulations issued under these Acts and with other federal laws and regulations pertaining to labor standards and HUD Handbook 1344.1 (Federal Labor Standards Compliance in Housing and Community Development Programs), as applicable. 90(20 HO\fE COI'ItrlCI No. 537025 HomcbuycrAssislance ARTICLE 21 Special Conditions 21.1. Department shall not release any funds for any costs incurred by Administrator under this Contract until Department has received certification from Administrator that its fiscal control and fund accounting procedures are adequate to assure the proper disbursal of, and accounting for, funds provided under this Contract. Department shall specify the content and form of such certification. 21.2. Funds provided under this Contract must meet the affordability requirement of 24 CFR 92.252 or 92.254, as applicable, and the HOME mles. Administrator agrees to repay all HOME funds governed by this Contract in the event that the project fails to comply, or ceases to comply, with the affordability requirements under this Contract. If Administrator lends HOME funds to anyone, that loan agreement, note, and mortgage must require that the affordability requirements continue to be met throughout the term of the loan and that the affordability requirements shall be binding upon the heirs, successors, assigns, and transferees of the Administrator as required by 24 CFR Section 92.252 or 92.254, as applicable. 21.3. Administrator agrees that all repayments, including all interest and any other return on the investment of HOME funds will be made to Department. Department reserves the right to permit Administrator to retain interest or return on the investment of HOME funds for additional eligible activities by the Administrator. 21.4. Administrator shall ensure that all owner-occupied housing assisted with funds provided under this Contract shall meet the requirements of24 CFR 92.251 for the duration of this Contract. 21.5. Administrator shall adopt and submit, for Department's approval, affirmative marketing procedures and requirements. The affirmative marketing procedures and requirements shall include, but need not be limited to, those specified in 24 CFR 92.351. Administrator must provide Department with an annual assessment of the affirmative marketing program for the development. The assessment shall be prepared in accordance v.ith the HOME Implementation Manual. 21.6. Upon termination of this Contract, all funds remaining on hand on the date of termination, and all accounts receivable attributable to the use of funds received under this Contract, shall revert to Department. Administrator shall return these assets to Department within seven (7) business days after the date of termination. 21. 7. Department shall not release any funds for any costs incurred by Administrator under this Contract until Department has received from Administrator an executed, legally enforceable agreement containing remedies adequate to enforce the affordability requirements of 24 CFR 92.252 or 92.254, as applicable, with Administrator. Administrator shall record said agreement in the real property records of the county where the project is located and return the original document, duly certified as to recordation by the appropriate county official, to the Department. Receipt of such certified recorded original by the Department is required prior to disbursement of any funds under this Contract. 21.8. Funds provided under this Contract may not be used in connection with acquisition or rehabilitation of a development located in an area identified by the Federal Emergency Management Agency (FEMA) as having special flood hazards, unless the locality in which the site is located is participating in the National Flood Insurance Program or less than a year has 100(20 HOME Contracl No. !i3702S Homo:buycrAssistance passed since FEMA notification regarding such hazards and flood insurance is obtained as a condition of approval of the commitment. ARTICLE 22 Oral and Written Agreements All oral and written agreements between the Parties to this Contract relating to the subject matter of this Contract that were made prior to the execution of this Contract have been reduced to writing and are contained in this Contract. The attachments enumerated and denominated below are a part of this Contract and constitute promised performances under this Contract: 1. Exhibit A, Performance Statement 2. Exhibit B, Budget 3. Exhibit C, Applicable Laws and Regulations 4. Exhibit D, Certifications 5. Exhibit E, Performance Timetable ARTICLE 23 Venue For purposes oflitigation pursuant to this Contract, venue shall lie in Travis County, Texas. ARTICLE 24 Compliance with Federal. State and Local Law Administrator shall comply with all federal, state and local laws, statutes, ordinances, mles, regulations, orders and decrees of any court or administrative body or tribunal related to the activities and performances of Administrator under this Contract. Upon request by Department, Administrator shall furnish satisfactory proof of its compliance therewith. CITY OF PARIS Date: By: Print Name: Title: lIor20 HOME Conlr'Cl No, SJ702S HomcbuyerAssi$l11nce Date: TEXAS DEPARTMENT OF HOUSING AND COMMUNITY AFFAIRS By: Print Name: Title: Larry Paul Manley Executive Director This Contract was approved by the Board of Directors on June 30, 1997 and is not effective unless signed by the Executive Director of the Texas Department of Housing and Community Affairs or by hislher authorized designee. 120(20 HOME ContTICl No. ~310:!S Homebuycr AssisWlCC TEXAS DEPARTMENT OF HOUSING AND COMMUNITY AFFAIRS EXHIBIT A Performance Statement CITY OF PARIS Administrator shall carry out the following activities identified in its 1997 HOME Program Request: HOMEBUYER ASSISTANCE PROGRAM Administrator shall implement a Homebuyer Assistance Program in accordance with 24 CFR Part 92. Administrator shall submit to the Department Program Policies and Procedures for Departmental approval prior to utilizing funds for this activity. Administrator shall implement a Homebuyer Assistance Program utilizing repayable loans to assist Fifty (50) homebuyers. Each loan, not to exceed $5,000.00, will be zero (0%) interest over thirty (30) years. Each loan will be repayable upon sale of the home, refinance or payoff of first lien Note, whichever is fIrst to occur. In the event of sale of the home, the assisted homebuyer will repay the loan from the net proceeds of the sale. Net proceeds means the sale price for the property minus first lien payoff and customary closing costs actually paid. A copy of the HUD closing statement must be provided. If net proceeds do not allow for the full payoff of the second lien Note, the balance of the second lien Note will be repaid in equal monthly installments over a five (5) year period, as evidenced by an unsecured Note executed by the assisted homebuyer at closing of sale. In the event of refinance, the assisted homebuyer will pay off the second lien Note from loan proceeds. In the event of payoff of the first lien Note, the assisted homebuyer will have the option of: (1) repaying the second lien Note in full; or (2) repaying what now becomes the first lien Note in equal monthly installments over a five (5) year period. The Second Lien Note and Deed of Tmst executed by the assisted homebuyer and recorded in the appropriate county office for real estate records, will restrict the Property to certain occupancy requirements for a period offive (5) years. Each of the assisted homebuyers shall be low income individuals or families (gross annual income must not exceed eighty (80%) percent of median income for the area as defined by HUD). 130(:':0 HOME Contracl No. 531025 Homebuyer Ass;sl&nce Each unit must, at a minimum, meet HUD Section 8 Housing Quality Standards. ADMINISTRATION Department will grant Administrator an amount equal to four (4%) percent, or Ten Thousand And No/I00 Dollars ($10,000.00), of the Two Hundred Fifty Thousand And NollOO Dollars ($250,000.00) Project Award to cover administrative expenses incurred directly relating to this Contract. Administrative fees shall be funded by the Department to Administrator based on a percentage of completion of the project. Administrator shall be allowed to draw twenty-five percent (25%) of the administrative fees at the initial stage of the project, with the remaining seventy-five percent (75%) funded on a percentage of completion basis. At any given time, the allowable administrative fees would be equal to the initial twenty-five percent (25%) set-up draw, plus the percentage of completion draw. MATCHlLEVERAGE Administrator will provide match funds of $5,625.00 for direct cost of homebuyer training. Administrator will provide leveraged funds of $21,250.00 in administration and $8,460,000.00 from participating lenders. HOMEBUYER TRAINING PROGRAM Administrator shall use funds other than those provided by this Contract to carry out all activities related to Homebuyer Training. Administrator shall submit, to the Department, Program Policies and Procedures for Departmental approval. The local Homebuyer Training Program may include, but is not limited to, Financial Management, Homebuyer Training, Education, Job Training (Placement), Health Care, and Counseling Services. Administrator shall maintain a file containing all activity relating to efforts made to guide recipients toward home ownership. These records must be made available for inspection at least annually by Department. ]40f20 HOME Colluaa No. 53~5 HomebuycrAssislance TEXAS DEPARTMENT OF HOUSING AND COMMUNITY AFFAIRS EXHIBIT B Budget CITY OF PARIS Does not apply to this program. 150f20 HO~ Conine! No. Sl7025 HomebuyerAssislance TEXAS DEPARTMENT OF HOUSING AND COMMUNITY AFFAIRS EXHIBIT C The Applicable Laws and Regulations CITY OF PARIS Administrator shall comply with all federal, state, and local laws and regulations applicable to the activities and performances rendered by Administrator under this contract including, but not limited to, the laws, and the regulations specified in Section I through IV of this Exhibit C. I. CIVIL RIGHTS The Fair Housing Act (42 U.S.C. 3601-20) and implementing regulations at 24 CFR part 100; Executive Order II063, as amended by Executive Order 11063, as amended by Executive Order 12259 (3 CFR, 1958-1963 Comp., p. 652 and 3 CFR, 1980 Comp., p. 307) (Equal Opportunity in Housing) and implementing regulations at 24 CFR, Part 107; and title VI of the Civil Rights Act of ] 964 (42 U.S.C. 2000d) (Nondiscrimination in Federally Assisted Programs) and implementing regulations issued at 24 CFR, Part 1. Executive Order 11063, as amended by Executive Order 12259, and 24 CFR part 107, "Nondiscrimination and Equal Opportunity in Housing under Executive Order I ]063." The failure or refusal of Administrator to comply with the requirements of Executive Order 11063 or 24 CFR, Part 107 shall be a proper basis for the imposition of sanctions specified in 24 CFR 107.60. The prohibition against discrimination on the basis of age under the Age Discrimination Act of 1975 (42 U.S.C. 6]01-07) and implementing regulations at 24 CFR, Part 146, and the prohibitions against discrimination against handicapped individuals under Section 504 of the Rehabilitation Act of 1973 (29 U.S.C. 794) and implementing regulations at 24 CFR, Part 8. The requirements of Executive Order 1]246 (3 CFR 1964-65, Comp., p. 339) (Equal Employment Opportunity) and the implementing regulations issued at 41 CFR, Chapter 60. The requirements of Executive Orders 11625 and 12432 (concerning Minority Business Enterprise), and 12138 (concerning Women's Business Enterprise). Consistent with HUD's responsibilities under these Orders, each applicant must make efforts to encourage the use of minority and women's business enterprises in connection with HOME funded activities. Each Administrator must prescribe procedures acceptable to the State to establish activities to ensure the inclusion, to the maximum extent possible, of minorities and women, and entities owned by minorities and women. The AdministratorlSubAdministrator will be required to identify contracts which have been bid by minority owned, women owned, and lor small disadvantaged businesses. The Age Discrimination Act of 1975 (42 U.S.C., Section 6101 et seq.). Section 504 of the Rehabilitation Act of 1973 (29 U.S.C., Section 794) and "Nondiscrimination Based on Handicap in Federally-Assisted Programs and Activities of the Department of Housing and Urban development", 24 CFR, Part 8. By signing this contract, Administrator understands and agrees that the activities funded herein shall be operated in accordance with 24 CFR, Part 8, and the Architectural Barriers Act of 1968 (42 D.S.C., Section 4151 et. seq.), including the use of a telecommunications device for deaf persons (TDDs) or equally effective communication system. 160r20 HOME COntl'llCl ~o 537025 HomebuycrAssislance 11. LEAD-BASED PAINT Title IV of the Lead-Based Paint Poisoning Prevention Act (42 U.S.C. Sec. 4831). 111. ENVIRONMENTAL STANDARDS Environmental Review Procedures for Title I Community Development Block Grant Programs, 24 CFR Part 58, as amended in 47 Fed. Reg. 15750 (April 12, 1982). National Environmental Policy Act of 1969 (42 U.S.C. Sec. 4321 et. seq.) and 40 CFR Parts 1500-1508. The National Historic Preservation Act of 1966 (16 U.S.C. Sec. 470 et. seq.) as amended; particularly Section 106 (16 U.S.C. Sec. 470f). Executive Order 11593, Protection and Enhancement of the Cultural Environment, May 13, 1971 (36 Fed. Reg. 8921), particularly Section 2(c). The Reservoir Salvage Act of 1960 (16 U.S.c. Sec. 469 et seq.), particularly Section 3 (16 D.S.C. Sec. 469a-l), as amended by the archeological and Historic Preservation Act of 1974. Flood Disaster Protection Act of 1973, (42 U.S.C. Sec. 4001 et. seq.) as amended, particularly Sections 102(a) and 202(a) (42 U.S.C. Sec. 40l2a (a) and Sec. 4J06(a)). Executive Order 11988, Floodplain Management, May 24, 1977 (42 Fed. Reg. 26951), particularly Section 2(a). Executive Order 11990, Protection of Wetlands, May 24,1977 (42 Fed. Reg. 26961), particularly Sections 2 and 5. The Coastal Zone Management Act of 1972, (16 U.S.C. Sec. 1451 et seq.) as amended, particularly Section 307(c) and (d) (16 D.S.C. Sec. l456(c) and (d)). The Safe Drinking Water Act of 1974, (42 U.S.C. Sec. 201, 300(f) et seq.), and (21 U.S.C. Sec. 349) as amended, particularly Section 1424 (e) (42 U.S.C. Sec. 300h-303(e)). The Endangered Species Act of 1973, (16 U.S.C. Sec. 1531 et seq.) as amended, particularly Section 7 (16 U.S.C. Sec. 1536). The Wild and Scenic Rivers Act of 1968, (16 U.S.C. Sec. 1271 et seq.) as amended, particularly Section 7(b) and (c)(l6 U.S.C. Sec. 1278(b) and (c)). The Clean Air Act (41 U.S.C. Sec. 7401 et seq.) as amended, particularly Section I 76(c) and (d) (42 U.S.C. Sec. 7506(c) and (d)). Farmlands Protection and Policy Act of 1981, (7 U.S.C. Sec. 4201 et seq.). 24 CFR Part 51, Environmental Criteria and Standards. J7or:w HOME ConllllCl No. !i3702S Homebu)'Cf Assistance IV. ACOUISITION/RELOCA nON The Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 (42 U.S.C., Sec. 4601 et. seq.), 49 CFR Part 24, and 24 CFR Section 570.496a (55 Fed. Reg. 29309 (July 18, 1990)). 180'20 HOME ConUBet No, 537025 Homebuyer Assistance TEXAS DEPARTMENT OF HOUSING AND COMMUNITY AFFAIRS EXHIBIT D Certification Regarding Lobbying for Contracts, Grants, Loans, and Cooperative Agreements CITY OF PARIS The undersigned certifies, to the best of its knowledge and belief, that: I. No federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of an agency, a member of congress, an officer or employee of congress, or an employee of a member of congress in connection with the awarding of any federal contract, the making of any federal grant, the making of any federal loan, the entering into of any cooperative agreement, or modification of any federal contract, grant, loan, or cooperative agreement. 2. If any funds other than federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a member of congress, an officer or employee of congress, or an employee of a member of congress in connection with this federal contract, grant, loan, or cooperative agreement, the undersigned shan complete and submit standard form -LLL, "Disclosure Form to Report Lobbying", in accordance with its instructions. 3. The undersigned shan require that the language of this certification be included in the award documents for an subawards at an tiers (including subcontracts, subgrants, and contracts under grants, loans, and cooperative agreements) and that an subrecipients shan certify and disclose accordingly. This certification is material representation of fact on which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by section 1352, Title 31, U.S. Code. Any person who fails to file the required certification shan be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure. Signature Authority Organization Date: 190(20 HOME ConlraC\ ~o. 537025 Homebuyer Assi$l&nce TEXAS DEPARTMENT OF HOUSING AND COMMUNITY AFFAIRS EXHIBIT E PERFORMANCE TIMETABLE CITY OF PARIS All set-ups must be submitted by the end of the eighteenth (18th) month of the contract period. All draws must be submitted by the end of the twentieth (20th) month of the contract period. The remaining four (4) months are reserved for project close-out, completion reports, and Department monitoring functions. 20000 HOME ConlJ1,Cl No. 537025 Hom~buyer Anislance